Controlling access to information is a more critical factor, as is respect for individual rights. These concepts have not changed since Hippocrates' time. Our system of payment allows insurance companies and their ultimate policyholders, employers, and the government access to the most sensitive of personal information for economic as well as medical considerations. Patients really have no choice but to sign away some of their rights to privacy if they wish to receive the best medical care and have it paid for by someone else. Government and employers can do much more to harm patients than simple snoops.
Insurance companies are notorious for risk stratification and avoidance of high-cost patients.
Our government has a tarnished record of protecting individual privacy. Our society's views on privacy are also changing. As influential members of our evolving society, we physicians must behave responsibly to preserve the dignity of our individual patients and respect their rights of privacy, regardless of the pressures of government, business, and pop culture. Although the intent to protect patients is laudable, these rules would severely limit appropriate flow of health information and expose physicians to liability for their inability to comply with this time-consuming burden. Congress has considered various privacy measures and, failing to achieve consensus, may establish a Privacy Study Commission.