April 13, 2001
HHS to Begin Implementing Patient Privacy Rule
Saying "President Bush wants strong patient privacy protections put in place now," Secretary of Health and Human Services Tommy G. Thompson April 12 announced the department "will immediately begin the process of implementing the patient privacy rule that will give patients greater access to their own medical records and more control over how their personal information is used."
HHS had delayed the effective date of the rule until April 14 because the previous administration had failed to submit it to Congress for review [see Washington Highlights, March 2] The secretary noted the department received more than 24,000 written comments on the rule since it was reopened for public comment in late February. He praised HHS staff for expediting the review of the comments, thousands of which he said "were clearly part of mass mailing efforts in support of a particular view or concern."
AAMC President Jordan Cohen, M.D., April 9 sent a letter to Secretary Thompson stating, "We anticipate that the department will adopt a process that allows for thorough and thoughtful analysis of our letter and of the many others that you received…. Such a process would appear to require suspension of the rule's current April 14, 2001, effective date and the subsequent publication of a new proposed amended final rule, with additional opportunity for public comment."
The secretary stated HHS will issue guidelines on how the rule should be implemented "to clarify some of the confusion regarding the impact this rule might have on health care delivery and access." He also said the department "will consider any necessary modifications that will ensure the quality of care does not suffer inadvertently from this rule."
According to the secretary, "to address some of the concerns raised in comments, [HHS] will make it clear through guidelines or recommended modifications that:"
- "Doctors and hospitals will have access to necessary medical information about a patient they are treating and they will be able to consult with other physicians and specialists regarding a patient's care…";
- "Patient care will be delivered in a timely and efficient manner and not unduly hampered by the confusing requirements surrounding consent forms. For example, pharmacists will be able to fill subscriptions over the phone and serve their customers in a timely manner"; and
- "[P]arents will have access to information about the health and well-being of their children, including information about mental health, substance abuse or abortion."
Information: Jennifer Kulynych, AAMC Division of Biomedical and Health Sciences Research, 202-828-0484.
