Major Health, Employer Groups Ask for HIPAA Privacy Delay

WASHINGTON – Major health care and employer groups are asking HHS Secretary Tommy Thompson to delay implementation of the Clinton Administration's patient privacy regulations, saying that new rules create "unprecedented barriers...for patients to access the health care system."

In a letter signed by a number of organizations, including the Healthcare Leadership Council, U.S. Chamber of Commerce, National Association of Manufacturers and the Association of American Medical Colleges, Thompson has been asked to review the February 26 effective date of the regulations and give his own department an opportunity to analyze the impact of the regulations.

"There is clearly a need for a new public comment period on these regulations," said Mary R. Grealy, president of the Healthcare Leadership Council, which heads a coalition of over 115 organizations concerned with this issue.  "The final regulations issued by the Clinton Administration contain new requirements and whole sections that have never been subject to public review and comment."

The 39 organizations signing the letter to Secretary Thompson claimed the following problems that will be caused by the regulation:

• The final regulations include a cumbersome patient consent requirement similar to a law passed by the state of Maine, and then repealed because of the severe health care disruptions it caused patients and their family members.
• Patients needing medications will be adversely affected if they don't have written consent forms on file at the pharmacy.  "With over three billion prescriptions filled in the United States last year, disruptions in even a small percentage of these transactions could adversely impact millions of patients," the letter said.
• The regulations are unclear as to whether they might limit the ability of physicians and other health professionals to freely discuss a patient's course of treatment among themselves, or to review a patient's complete medical chart to ensure proper treatment.
• In February 2003, no health care provider will be able to use or disclose identifiable patient information for most health care activities without a signed consent.  "How providers will obtain consent forms from over 200 million Americans by the compliance date is a staggering problem that could interfere with everything from refilling routine prescriptions, sending out reminder notices about appointments, conducting disease management programs...and so on," the organizations said.
• The final regulations are in direct conflict with Congress's requirement that the privacy standards reduce the administrative costs of health care.

"It is essential we protect the privacy of patients, and equally essential that we place no regulatory barriers in the way of health care professionals using data to provide quality treatment to patients," Ms. Grealy said. 

"It is in the best interests of patients and health care consumers for this Administration to take a hard look at these regulations before they go into effect, and for Congress to resume work on strong national standards to protect patient confidentiality," she said.