Efforts to protect patient records’ privacy supported
The American Association of Occupational Health Nurses (AAOHN) in Atlanta has announced its support for the Department of Health and Human Services’ (HHS) efforts to protect the privacy of individually identifiable health information through regulations for electronic health information.
AAOHN president, Deborah DiBenedetto, MBA, RN, COHN-S, ABDA, says the AAOHN advocates passage of comprehensive federal legislation to safeguard the confidentiality of health information that would expand protection to include information collected and maintained in the workplace. AAOHN advocates protections to prevent inappropriate use of personal health information by employers, but not so stringent as to prevent them from accessing important information needed to administer laws, such as the Americans with Disabilities Act, and for disability management purposes.
"These proposed regulations are the first step toward protecting health information privacy of electronically transmitted and related health care records," she says.
However, these regulations have significant limitations, DiBenedetto says. "For comprehensive protection, the American people need legislation that also applies to health records maintained in paper form only as well as health information collected and maintained by employers."
The HHS proposal, announced by President Clinton on Oct. 29, follows Congress’s inability to meet its Aug. 21 self-imposed deadline to pass privacy protection for health information. There are currently no federal laws protecting personal health records in any format. As more electronic databases are used to maintain worker health/ medical records, the potential for inappropriate use of information increases, she says.
The proposed regulation would cover health care providers, health plans, and health care clearinghouses that transmit information electronically. Protection would start when the information becomes electronic and would stay with the information as long as it is in the hands of a covered entity. The proposal provides for:
• requiring written authorization by the individual for use and disclosure of electronic health information;
• creating a set of fair information practices to inform people about how their information is used;
• limiting the amount of information disclosed to the minimum amount necessary to accomplish the relevant purpose;
• receiving written notice of information practices from health plans and providers;
• giving individuals the right to obtain access to protected health information about them and requesting amendment or correction of protected health information that is inaccurate or incomplete.
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