We recognize there is still work to be done to overcome implementation obstacles to achieve compliance if these regulations are to appropriately serve the needs of the American people. At the same time please know that any delay in the implementation date is contrary to the health needs of the American people. Regrettably, it is often overlooked that confidentiality is an essential element of high quality health care. Some patients refrain from seeking medical care or drop out of treatment in order to avoid any risk of disclosure of their records. And some patients simply will not provide the full information necessary for successful treatment.
Patient privacy is particularly critical in ensuring high quality psychiatric care.
Accordingly, the APA recommends at the close of the comment period the Administration move forward with the publication of the regulations and not delay the implementation date but rather use their regulatory authority to respond appropriately in the public interest and to protect the privacy of the medical record. And we suggest this notwithstanding our concerns that we believe changes in the provisions on mental health records are critically needed to ensure the delivery of effective mental health care, or other comments that may be submitted. While, the APA is concerned that some provisions are inadequate to protect patients and that some administrative requirements are unnecessarily complex. Physicians can cite this provision when dealing with unreasonable health plan requests for information. Patients should be able to choose who will see their medical records.