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AMA opposes open medical records

By Karen M. Marshall
Health24 News
October 26, 2000

 
 

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Washington (H24N). The American Medical Association joined a chorus of organizations opposing proposed regulations that would make patient medical records more accessible.

A recent hearing on Capitol Hill focused the nation’s medical and insurance interests on a 600-page regulation developed by the Department of Health and Human Services.

Witnesses at the hearing, conducted by the Health Subcommittee of the House Ways and Means Committee, included William Plested, MD, a trustee of the American Medical Association.

In a written statement, the AMA said it "cannot support the regulation in its current form."

Essentially, the new regulation overrides the traditional requirement for individual consent before records are released to other parties. Under the new provisions studied, medical information could be released to entities involved with "treatment, payment and healthcare operations" without an individual’s knowledge or consent.

"The AMA has consistently maintained that an expressed ‘need’ for information does not confer a right. Patient consent continues to be a critical consideration in the use and disclosure of personally identifiable health information," according to the AMA.

Instead, the physicians group recommends informed consent be obtained whenever possible, with establishment of an "objective, publicly accountable entity" that must conclude that patient consent is not required after weighing the risks and benefits of the proposed use.

 

 

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