RE: THE 'AHIMA PARADOX'

[METRA1001@aol.com]

  TO:  Med-Privacy and PAIN-L:                                             May
  21, 1996
  
  RE: Privacy of Medical Records and AHIMA (American Health Information
  Management Assoc) 2 CONSUMER BROCHURES ON CONFIDENTIALITY/ policy brochures -
  " The AHIMA PARADOX"
  
  NOTE:  (I am sending this consolidated paper to both lists because my
  incapacitation is increasing rapidly, and, based upon my appt. yesterday,
  with the orthopod who is 1/2 of the operating team working on me, it may be
  late June or July before I get this cervical malfunction corrected by
  surgery- so please excuse me not writing separate communique's) I have
  conserve time and extremely limited abilities and energy...ag
  
  ^^   Several weeks ago, I wrote (e'mail'ed) Kathleen Frawley, JD, MS, RRA,
  Director of AHIMA*, the Amer. Health Information Mgmt Assoc., about some
  brochures she sent me last year, regarding modern health information and
  privacy/confidentiality ( I have misplaced them, so please contact her or
  AHIMA about which brochures they are/were). There were two of them, and she
  had told me 5-6 months ago they were being widely distributed, (yet I have
  never seen a one in any doctor office I have ever been to).
  
  My point was, one page (page 4, I believe) of the second brochure said
  something to the effect of BE WARY OF ANY INSURER/EMPLOYER/WORKER COMP OUTFIT
  THAT DEMANDED TO SEE  ANY &  ALL  OF YOUR MEDICAL FILES! The implication was
  they could be used against you. This means by releasing your entire medical
  history going back to childhood, including OBGYN notes, psychological
  individual session notes and other HIGHLY sensitive (and easily abused)
  information about yourself, you could be setting yourself up for abuse and
  mis-use of your medical files.
  
  The reason I wrote Ms. Frawley was this: *this* POLICY  is a paradox! 
  
  IF YOU DO NOT RELEASE YOUR ENTIRE MEDICAL HISTORY, SAY IF YOU ARE RUN OVER BY
  A TRUCK and brain damaged for life, MUGGED on the job, or on the street, HAVE
  SOME NEGLIGENT EMPLOYEE/co-worker  RUN OVER YOU WITH A  TOWMOTOR, HAVE YOUR
  NECK BROKEN BY A RECKLESS DRIVER, OR HAVE A WORK RELATED DISABILITY, THE
  CLAIM WILL  NOT, repeat, not  BE  PROCESSED UNLESS  YOU  GIVE  A  FULL,
   UNLIMITED  AND UNIVERSAL RELEASE to the insurer.
  
  Hence the paradox. She said and the brochures said AHIMA is all for privacy
  and confidentiality, and yet, her (AHIMA's) brochure said to be very wary, as
  in DO NOT, sign a universal, general release. In other words, if you don't
  want to be abused, insulted, and have a witch hunt pointed at you, for your
  'dirty laundry' by the insurers, don't give them the release. WHAT THIS DOES
  NOT COVER IS, THAT LEAVES THE INJURED OUT IN THE COLD, OUT OF LUCK, AND
  UNABLE TO PURSUE THE DAMAGER  FOR THE RESULTANT USUALLY MASSIVE MEDICAL BILLS
  AND/OR PUNITIVE DAMAGES.
  
  I asked her to explain this paradox to me, nearly a month ago; So far, to my
  knowledge, I have received no reply, from AHIMA about this apparent double
  standard and paradox of being for privacy, yet dissuading persons from filing
  claims, by giving universal releases.
  
  The fact is, in this nation, you CANNOT have ANY auto insurer, disability,
  worker comp,  administrative, EAP, or other claim processed WITHOUT giving
  full and comprehensive access to each and every page of each and every file
  from each and every doctor you have ever seen in your life. Hence, I believe,
  the reason she and AHIMA never answered this e mail. There is the paradox,
  and the place THE INJURED STAND IN THIS COUNTRY. You cannot be processed
  without the witch hunt, the fishing expedition, and the search for dirty
  laundry on YOU to dodge the claim. In other words, she had no answer for my
  question. In other words, if someone else's negligence causes you permanent
  disability, injury, extraordinary pain and suffering, pay for it yourself. 
  
  I rest my case. 
  
  for everyone's information:
  
  *  AHIMA is located at American Health Information Management Assoc. 
  1225 I Street, NW
  Suite 500
  Washington, DC  20005
  (202) 218-3535
  
  I suggest anyone, especially medical patients who may have any claim,
  adminsitrative hearing or other insurance dispute, in process, and has any
  interest in the risks of releasing any and all files, or WHO WOULD LIKE
  COPIES OF THE TWO BROCHURES ON CONSUMER CONFIDENTIALITY, OR,  ANYONE, who has
  misgivings about this apparent contradiction and paradox, in policy and
  AHIMA's position about patient privacy, in detail, contact Ms. Kathleen A.
  Frawley, JD, Director. You will find she is very  polite, very professional
  and courteous, yet she can be somewhat evasive on ocassion..particularly in
  areas of contention such as this.
  
  al