Changes in medical privacy would smooth info sharing
WASHINGTON — Urged by hospitals, doctors and patients, U.S. health officials are proposing changes to medical privacy rules that could ease information sharing in crisis situations.
Trump administration officials at the Department of Health and Human Services say their proposal, released Thursday, adapts lessons learned from the opioid epidemic and the coronavirus pandemic.
There’s no way the rule can be finalized before President-elect Joe Biden takes office, but the officials are hoping the incoming administration will support the changes.
“These are needed, uncontroversial, bipartisan reforms to these regulations,” said Eric Hargan, deputy HHS secretary. “This was based on our request for information, and we got a lot of feedback.”
Some proposals also would affect everyday patient interactions. One that many people might notice: Patients would have a clear legal right to take photos of their records on the spot at the doctor’s office or in the hospital, if it didn’t interfere with care.
The overhaul involves regulations under the 1996 Health Insurance Portability and Accountability Act, the statute behind the medical privacy rules people run into at hospitals, pharmacies and in their own doctor’s offices. While protecting sensitive personal information, the law, widely known as HIPPAA, has also generated piles of paperwork and chronic uncertainty about what is and isn’t permitted.
Among a series of changes if the proposal is finalized:
Medical personnel could provide details about a pati ent ’s condition to family members or caregivers in an emergency if they have a “good faith” belief it would be in the patient’s best interest, and there’s no objection from the patient. That would address situations such as parents trying to help an adult child who’s just come out of detox for an opioid overdose.
A subtle wording change would encourage sharing of critical information sooner in cases where there’s a serious threat of harm to the patient or others. Legal permission would be triggered by a “reasonably foreseeable” threat, instead of the current requirement for an “imminent” threat. That could help when a patient is struggling with thoughts of suicide.
In a health care system that’s notoriously compartmentalized, the changes would make it easier for a hospital or medical office to provide pertinent details about a patient’s condition to another health care service provider. Medical providers would also again greater ability to coordinate with social service and caregiving agencies.
Privacy expert Deven McGraw, a former career government lawyer once tasked with enforcing the statute, said the proposal addresses problems regulators have been grappling with for years.
“I don’t think these are partisan changes to the rules,” she said. The principal changes seem to reflect “reasonable and measured approaches.”