Re: S. 1360 - Medical Priva

[James Love <love@tap.org>]

On Thu, 16 Nov 1995, Deirdre Mulligan wrote:
> Clearly Doctor-Patient privileges are specifically maintained under the Bill.

   Deirdre, the bill states that the insurance company can require 
disclosure of records for payment, and put them into these large database 
systems.  So, thats why doctors tell people who get HIV tests and other 
items to pay out of pocket, because under present law the system works 
against doctor-patient confidentiality, and under S. 1360 if an
entity pays, they get the records.

   The privilege issue, in terms of testifying in court, is one thing.  
But the confidentiality of the records is shot, because so many persons 
(cops, insurers, employers, etc) get access to the records under S. 1360.


    I'm not a lawyer, but tell me, if a cop gets a  record from a third 
party,  can this be used as evidence, even if a doctor won't testify?


jamie

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James Love, love@tap.org
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