[Show abstract][Hide abstract] ABSTRACT: The author provides an overview of the current status of privacy in psychiatric treatment, with particular attention to the effects of new federal regulations authorized by the Health Insurance Portability and Accountability Act (HIPAA).
The author reviews the ethical and legal underpinnings for medical privacy, including the empirical data supporting its importance; discusses those portions of the new federal regulations most relevant to psychiatric practice; and suggests steps that psychiatrists can take to maintain their patients' privacy in the new environment.
Medical ethics and law, in keeping with patients' preferences, traditionally have provided strong protection for the information that patients communicate while receiving medical care. In general, release of information has required patients' explicit consent. However, limitations of the consent model and technological innovations that permit the aggregation of computerized medical information have led to pressure for greater access to these data. Although the new federal regulations offer patients some additional protections (including security for psychotherapy notes), they also mark a retreat from reliance on patient consent and open up records to previously unauthorized uses, among them law enforcement investigations and marketing and fundraising by health care organizations. However, states retain the power to provide higher levels of protection.
The new regulatory environment is less friendly to medical privacy but still leaves a great deal of discretion in physicians' hands. A commitment to protecting privacy as an ethical norm can be advanced by psychiatrists' requesting patients' consent even when it is not required, by ensuring that patients are aware of the limits on confidentiality, and by avoiding unnecessary breaches of privacy in the course of providing psychiatric care.
American Journal of Psychiatry 12/2002; 159(11):1809-18. DOI:10.1176/appi.ajp.159.11.1809 · 12.30 Impact Factor
[Show abstract][Hide abstract] ABSTRACT: To lay the groundwork for a better understanding of patient views on medical confidentiality.
Studies were found by searching medline, bioethicsline, and selected bibliographies. Articles concerning physician perspectives or implications of legal and administrative regulations were excluded. Only peer-reviewed journal articles reporting original research on patients' confidentiality views and conduct were included.
Many patients are unaware of or misunderstand their legal or ethical right to medical confidentiality protections, which leads them to both over- and underestimate confidentiality protections. The possibility that medical information might be revealed, intentionally or not, to acquaintances in a clinic or other social community troubles patients as much as information release to insurers or employers. A significant minority of patients distrust confidentiality protections, leading some to report that they delay or forgo medical care. If doubtful that confidentiality will be upheld, patients will act independently to protect information.
Our review found a wider variety of understandings and beliefs about medical confidentiality among patients than are often indicated in the writings of practitioners or legal experts. As medical confidentiality regulations evolve, these differences need to be recognized and accounted for in interactions between practitioners and patients.
Journal of General Internal Medicine 09/2003; 18(8):659-69. DOI:10.1046/j.1525-1497.2003.20823.x · 3.45 Impact Factor
[Show abstract][Hide abstract] ABSTRACT: This study assessed concerns about and perceptions of electronic psychiatric records in a university psychiatric adult outpatient clinic. Forty-one patients who refused to have their psychiatric records transferred to the electronic record system were compared with 39 patients who agreed to an electronic record. Regardless of whether or not they refused to have their information transferred to an electronic record, a majority of patients reported numerous concerns about electronic records, such as concerns about unauthorized access to their records by parties within the university health care system. Patients' concerns may affect patient disclosure and other help-seeking behavior and therefore must be addressed by clinicians and health care systems.
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