Key Elements Needed to Protect Medical Information Privacy

CONSENT:

• Single authorizations should be used only for treatment and payment, not for health care operations or any other purposes.

• Disclosures should be limited to the minimum amount necessary to accomplish the purpose of the disclosure, as determined by the health care provider.  Further disclosures of information for purposes beyond the original consent should not be permitted.

• Individuals should be permitted to segregate any medical information not necessary for payment purposes and designate the persons to whom it may be disclosed.

DISCLOSURES FOR OVERSIGHT/PUBLIC HEALTH/RESEARCH:

• Non-identifiable medical information should be readily available for oversight, public health, and research efforts.

• Personally identifiable data should be disclosed only if required by law (child abuse, AIDS), or if voluntary informed consent is given.  

 LAW ENFORCEMENT:

• Standards for disclosure without patient consent need to be very high.  At a minimum law-enforcement must show that there is probable cause that a crime has been committed and there is no other way to obtain the information.

• The Supreme Court found in Jaffee vs. Redmond that privacy was essential to psychotherapy and that the public's interest is best served by protecting treatment privacy. This decision protected mental health information from being disclosed in civil court cases.  We support including this protection in medical information privacy legislation.  

PREEMPTION:

• Federal law should provide a floor, not a ceiling for state privacy laws.

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