Washington- Although the government has touted new federal medical privacy regulations as a landmark of patient protection, the rules will exempt healthcare providers. The rules, announced Dec. 20, will explicitly permit doctors, hospital, other health services, and some of their business associates to use personal health records for marketing and fund-raising.

…Under the exemptions, doctors, clinics, hospitals, and others that normally have access to medical records, along with business associates working under contract with them, may send out individual health information and product promotions (to patients).

…The exemptions also give foundations affiliated with hospitals continued access to patient names, ages, addresses, and telephone numbers for fund-raising initiatives. Such foundations raise billions of dollars annually by soliciting patients and families at medical facilities and at their homes. Officials of the Department of Health and Human Services, the White House, and some patient advocates, said the new privacy regulations stand as an important bulwark against the misuse of patient information, notwithstanding the exemptions.

When the rules take effect in two years, proponents said, patients will have a new right to gain access to their records; employers will be prohibited from receiving personal health data, except for the administration of health plans; and people who misuse private medical records, such as selling them, might face fines or prison.

In addition any healthcare provider or service that uses medical records will have to notify patients of how the records are being used. Patients also will have the option of rejecting marketing or fund-raising, but only after they have been contacted at least once by a given entity….

-Edited version of an article from The Boston Sunday Globe, January 21, 2001.
For a copy contact Ellen Forman.