Clinton podpisal wlasnie teraz ustawe o szczegolnej ochronie danych osobowych przez lekarzy i ubezpieczalnie

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1. Data: 2000-12-20 14:51:19

Temat: Clinton podpisal wlasnie teraz ustawe o szczegolnej ochronie danych osobowych przez lekarzy i ubezpieczalnie
Od: "Jacek D." <k...@p...onet.pl> szukaj wiadomości tego autora

Clinton podpisal wlasnie zgodnie z propozycja ktora 2 godziny wczesniej
napisalem na liste prawo.
To sie nazywa telepatia.

Pacjent sie zgadza na standardowe przetwarzanie ale kazde niestandardowe
musi mu zostac wyjawione i wymagana jest dodatkowa zgoda

_______________________

The rules, which must be put into place within two years, say:

Patients must give permission to release medical
information. When
patients first sign up for health coverage or visit a
doctor, they'll be asked to
sign consent for routine use of records, such as
billing or medical treatment.
They must give special permission for non-routine
uses, such as employers
seeking information on job candidates or product
marketers seeking lists of
patients with specific conditions.

Patients must be told how their information is being
used and by whom.

For the first time, residents of all 50 states will
be able to view, copy and
amend their records.

Health plans, hospitals, employers or doctors that
violate the rules face
penalties, including up to $250,000 fines and 10-year
prison terms for
selling information that is supposed to be private.

"I think this is the biggest privacy victory we've had
in decades," said Janlori
Goldman of the Health Privacy Project at Georgetown
University.

Without seeing the final version of the rules, health
industry groups said
Tuesday that they are not opposed to confidentiality
regulations but are
waiting to see how the new rules will be interpreted.

"Many of our members already have their own
confidentiality policies in
place," said Kristen Stewart of the American
Association of Health Plans. "I
think it's too early to say if our members will be
able to live with these rules."

For example, the one-time consent needed for routine
care doesn't seem
burdensome, Stewart says, but still raises questions:
"What do you do if
someone refuses to sign the consent? That puts a
physician in a tough
position when trying to treat a patient."

After proposing the rules last year, the Department of
Health and Human
Services received more than 50,000 comments, both from
privacy
advocates who said the rules wouldn't go far enough
and from industry
groups that said they would be too costly and complex.

Complying with the rules could cost the health care
system $17.6 billion
over 10 years, according to government projections.
But those costs will be
offset by savings of $29.9 billion under companion
rules issued earlier this
year that streamline billing procedures.

The privacy rules cover all medical records. Doctors
have wide discretion to
determine what health information to include when
sending patient records
to other doctors or hospitals. Police and other law
enforcement officials still
can get records fairly easily.

"We think we've struck the right balance," says
Melissa Skolfield,
spokeswoman for Health and Human Services Secretary
Donna Shalala.
"We've tried to give patients the broadest protections
we could while still
creating a system that's logical and understandable."

The regulations, part of a flurry of rules that the
Clinton administration is
issuing in its final days, mark the first time the
federal government has said
who can view medical records and what they can use
them for. States are
free to pass stricter regulations.

The rules do not allow individual patients to sue over
privacy violations, but
patients can file complaints with the Department of
Health and Human
Services. In announcing the regulations today,
President Clinton is expected
to urge Congress to pass laws allowing individuals to
sue.

http://www.usatoday.com/news/washdc/ncstue04.htm