Patience vs. Privacy (3/22/02)
by Dean Hartwell
The Bush
Administration has altered some of President Clinton's proposals on disclosure
of private information about patients. After a thirty day comment period, the
Bush plan will become final and will take effect in April 2003.
Which plan is better? In terms of privacy, Clinton's reforms keep more patient
information private than those of Bush. Doctors would have to obtain consent
from a patient before sending their records to other doctors or pharmacists.
The Bush guidelines, on the other hand, make no such requirement.
But this policy change begs the question as to how much we value our privacy.
As I point out in my book, Truth Matters, in order to create the best
policies we must make the effort to be specific as to what we mean.
For example, if by privacy we mean that no one can have access to our medical
records, we will force doctors to contact a patient before giving information
away. Such a requirement could cause delays in patients receiving treatment
from a specialist or getting their medication, a risky scenario for some.
So, we would be wise not to consider privacy an absolute right. Instead, we
must balance our need for privacy with other needs like the need for quality
medical attention without the hassle of paperwork that it so often entails.
Furthermore, we must consider who will have access to our private records.
Under the Bush plan, disclosure of a patient's medical records for reasons not
related to health services will still be against the law. Thus, the plan keeps
the idea that sensitive information only be given to those who need it.
Some may complain that patients will lose some of their rights. That may be
true. But consider other areas of society where we sacrifice rights for a
better purpose: giving up our rights against unreasonable searches by going
through metal detectors at airports, for example. In this case, patients will
gain efficiency so needed for some medical circumstances.
All things considered, Bush's proposal for patient privacy will serve patients
well.