An article (subscribers only) by Theo Francis in the last month's Wall
Street Journal, tells the story of a 51-year-old lawyer who
has unsuccessfully fought to keep her psychotherapist’s notes from companies
such as the health insurance carrier at her job. She was turned down for
disability benefits based on these notes which he therapist assured her would
remain confidential. Unfortunately, some of these notes were entered into her
general electronic medical record, and despite her requests, will still remain
there.
When HIPAA was written, it stipulated that psyche records
should be kept separate and protected from access unlike the general medical
record.
This article reports on the track record of enforcement of
HIPAA complaints. While there has been a rising trend of medical-privacy complaints
received by the Department of Health and Human Services (HHS), averaging about
600 per month in 2006, “it has not yet taken any enforcement actions against
hospitals, doctors, insurers or anyone else for rule violations.” There have
been about 24,000 privacy complaints since April 2003, with three-quarters
dismissed, either because no violation was found or the situation was resolved
with “informal guidance.”
MedInformaticsMD, a blogger at Health Care Renewal, responded with a letter to the WSJ, pointing out that clinical computing needs to be treated differently than business computing in order to preserve doctor-patient confidentiality; suggesting that an advocacy movement is needed here in the US,
much like the one (The Big Opt Out) in the UK; and, warning "if you want to keep information secure, don't put it on a computer." This last point refers to the types of clinical data such as psychotherapy notes which need special consideration of privacy, security and confidentiality. He calls on the Office of the National Coordinator for Health IT (ONCHIT) in the Dept. of Health and Human Services to spearhead this strategy.