Re: "Medical Records Confidentiality: Issues Affecting th

[METRA1001@aol.com]

Barb-

My discussions with State Attorneys General and other high level legal 
authorities agree that the 1996 "decision" affects all cases; however, as set 
forth in Lifshutz V. CA, no claim, disability application, insurance 
application, or insurance service (including denials of care) which directly 
or indirectly involve 'confidential' information CAN proceed without the full 
release of all relevant data by the patient. The recent state cases where by 
state law, (Maryland, VA, and a few others) medical databases automatically 
transmit (release) data to insurers, without notification, or informed 
consent, of, or by the patient, appears to be one area where another Supreme 
Court Decision is needed. As it stands now, in states mandating automatic 
transmission of sensitive medical data through vast medical warehouses, 
without the patient's knowledge would appear to be a violation of the 
physicians code, a violation of the patient's rights, and an illicit (and 
inappropriate) access to medical data, without due process. But it does 
comply with existing state laws within those states, insofar as data 
transmission and claims processing are concerned. 

However, I am not aware that anyone has carried such a matter to litigation 
in any of these states, (if so, I don't think it has made it to med-pri) but 
I suggest this as perfect matter to be appealed to the US Supreme Court. I, 
too believe forced (automatic) data transfer (in certain states where data is 
requested, by computer, accessed by computer, released by computer, and 
forwarded to whatever interested party without informed consent of the 
patient, IS wrong, too. The only way to prove it, however, remains with the 
patient, and it is up to the patient to sue the state, or insurer (if 
allowable) and appeal to the Supreme Court. Here's where ERISA, state laws, 
and local legislators vested interests seem to protect the 'system.'

THIS would make interesting reading, but I am not aware of any case in which 
that has happened. Would or could any med-pri reader kindly post any such 
case (now or in the future) so that its merits could be debated? It would be 
a most worthwhile thread to consider. If, at any time in the future, such a 
suit is filed, would someone please post the details to med-privacy? This 
would surely spark a spirited debate, and press the issue of confidentiality 
to its logical conclusion, one way or the other. 

Al

 >> Seems logical to me that if you are a patient and are a Plaintiff in a 
case, you
 would understand that your medical records would be released -- afterall, 
you are
 bringing a medical case.  I think the important thing is that the U. S. 
Supreme
 Court has ruled in 1996 that there is an expectation of privacy between 
doctors
 and at aleast therapist, no matter what license the therapist has and that
 therapy records are considered private.  How this would apply to other areas 
of
 medicine is not clear.   I think that the forced disclosure of medical 
records,
 especially therapy records, with our (sic) without the patients' knowledge 
and without their consent and with their objection, is wrong and at this 
point, I think the
 Supreme Court supports this.  Any discussion about that?
 
 Barb
  >>