States Should Protect Privacy

150 out of 1000 patients use evasive actions due to privacy fears       Citizens' Council on Health Care       Back to NCPA Debate Home Page

An Informational Hearing on Patient Consent and Medical Privacy February 20, 2001 Testimony of Twila Brase, R.N. President, Citizens' Council on Health Care before the Minnesota House Health and Human Services Committee [Excerpt from testimony on Minnesota medical privacy legislation:] "In writing the new federal regulation to protect patient privacy--which is the antithesis of what it actually does--the Secretary admitted that without patient trust in confidentiality, citizens will not go to see their doctors on a timely manner and in fact may avoid health care altogether. The California Healthcare Foundation released the results of a survey in 1999 that found found 15% of 1000 Americans--150 of them--already use evasive actions to protect their own privacy in a system that refuses to honor their privacy and patient rights. They use a false name, they pay cash though insured, they falsify their medical history questionnaire, they use a variety of doctors rather than one, and they delay or avoid care. "This is not good news for researchers who want accurate data from which to write studies and make recommendations for care. Such patient behaviors and elusive techniques will only skew the data and the results of research. "It is the responsibility of state legislators to protect the rights of citizens. You should not look upon the new federal privacy regulation to protect data once it arrives within a government institution. In, fact, the regulation states, "we do not have the statutory authority to regulate law enforcement and oversight agencies' re-use and re-disclosure of protected health information." So once the government agencies have it, the regulation is powerless to protect patients. "However, there is an opportunity here. Because the regulation does not apply where there are stricter state laws, state legislators can make a real difference by enacting stricter laws against unconsented medical record access by government officials and medical and public policy researchers. ...