Bush keeps medical privacy rules
With one change: Parents now guaranteed access to their children's
records
Friday, April 13, 2001
By DAN FREEDMAN
SEATTLE POST-INTELLIGENCER WASHINGTON BUREAU
WASHINGTON --
The Bush administration decided yesterday to retain far-reaching
medical privacy rules drafted by President Clinton, a decision
that won praise from privacy advocates but stunned and dismayed
officials of hospitals and health insurance plans.
"I believe that we must protect both vital health care services
and the right of every American to have confidence that his or
her personal medical records will remain private," Bush said in
a statement.
The rules are aimed at making sure doctors and hospital staff
members do not pass individual medical records to third parties
such as insurers or health product marketers without a patient's
consent.
Bush parted ways with Clinton on one key aspect of the rules:
parental access to the medical records of their children, including
any dealing with abortion. Anti-abortion rights advocates are
a key part of the conservative coalition that makes up his political
base.
Under Clinton, doctors would have had discretion to disclose
abortion or other health-related information to parents unless
state law dictated otherwise. Under Bush, parents are guaranteed
access to all medical records of their children.
"Any mucking around with this carefully thought-through regulation
is a red flag, and worrisome," said Judith Lichtman, president
of the National Partnership for Women & Families, an abortion-rights
advocacy group. The change will "unnecessarily endanger the lives
and health of countless minors who will forego critical medical
services if their information is not kept confidential."
Other privacy groups voiced concern over the abortion issue but
praised the Bush's overall decision to keep the Clinton rules
in place.
"The clear and present need for greater medical privacy protections
has triumphed over the lobbying power of the health-care industry,"
said Ronald Weich, a lawyer who is a consultant to the American
Civil Liberties Union on health privacy.
"The American people have waited too long for federal protection
of what is, ultimately, the most sensitive of personal issues
-- medical privacy." Former Clinton administration officials viewed
the Bush decision as a vindication of sorts.
"I think it's a very happy surprise," said Peter Swire, Clinton's
chief adviser on privacy issues who played a key role in drafting
the rules. "It sends a message that the industry needs to stop
delaying and begin the real process of protecting patients' rights.
" Health care industry groups expressed deep disappointment with
the Bush decision.
"The regulations are seriously flawed and likely to adversely
affect the quality and affordability of care," said Chip Kahn,
president of the Health Insurance Association of America. "The
privacy regulations do not provide a uniform standard, and are
exceedingly complex and unnecessarily costly.
" Since taking office in January, Bush has killed a number of
rules on the environment and occupational health and safety issued
by Clinton during his last days in office. For a time, it appeared
he would follow suit on medical privacy.
The rules allow the HHS secretary to make changes in them for
up to a year after they take effect, and Thompson said he will
use that time to consider changes.
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