AIDS Treatment News Issue #379, April 12, 2002
John S. James
The Bush Administration has proposed significant changes in the Clinton Administration's rules on medical privacy. The proposed rule is open for public comment for a short period of 30 days.
The WASHINGTON POST summarized the changes as follows:
The long version of the proposed changes -- 40 pages of small print in the FEDERAL REGISTER -- is available through the link below.
A government site, favoring the changes, is: http://www.hhs.gov/ocr/hipaa/
Arguments pro and con can be found in the WASHINGTON POST reference above, and in THE NEW YORK TIMES, "Bush Acts to Drop Core Privacy Rule on Medical Data," also March 22, 2002.
We have not had time to fully analyze the changes and do not intend to submit comments. But we want our readers to know about the option.
We have mixed feelings about opposing the changes, because we fear that in practice, the right to give consent before one's medical records are used will be theoretical, not real. We fear that in reality, patients will just have more paperwork thrust at them to read and sign before they can get treatment at all, from any facility. Since most people who have sought medical care do not have a good option to just walk out and abandon the quest, this is not a real choice.
The basic concern motivating opposition to the Bush Administration proposal -- how can personal sovereignty be maintained in a world of huge institutions that seldom respect people -- is one of the central issues of our time. But creating formal rights that are not practical to use could discredit this quest and do more harm than good. We need to find other ways to proceed.
020412
ATN37906
Copyright © 2002 - AIDS Treatment News. Permission granted for noncommercial reproduction, provided that our address and phone number are included if more than short quotations are used. Subscription lists are kept confidential. AIDS Treatment News, Subscription and Editorial Office: 1233 Locust St., 5th floor Philadelphia, PA 19107 800/TREAT-1-2 toll-free email: aidsnews@critpath.org http://www.aidsnews.org
Subscription Information: Call 800/TREAT-1-2: Businesses, Institutions, Professionals: $270/year. Includes early delivery of an extra copy by email. Nonprofit organizations: $135/year. Includes early delivery of an extra copy by email. Individuals: $120/year, or $70 for six months. Special discount for persons with financial difficulties: $54/year, or $30 for six months. If you cannot afford a subscription, please write or call. Outside North, Central, or South America, add air mail postage: $20/year, $10 for six months. Back issues available. Fax subscriptions, bulk rates, and multiple subscriptions are available; contact our office for details. Please send U.S. funds: personal check or bank draft, international postal money order, or travelers checks. VISA, Mastercard, and purchase orders also accepted. ISSN # 1052-4207
AEGiS is made possible through unrestricted grants from Boehringer Ingelheim, iMetrikus, Inc., the National Library of Medicine, and donations from users like you. Always watch for outdated information. This article first appeared in 2002. This material is designed to support, not replace, the relationship that exists between you and your doctor.
AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.
Copyright ©1980, 2002. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .