Before these recommendations are finalized, additional protections are critically needed to protect patient privacy and to promote high quality health care. As a physician I believe patients and our own families deserve stronger protections. 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. Other patients simply will not provide the full information necessary for successful treatment.
Patient privacy is particularly critical in ensuring high quality mental health care.
I urge the Administration to take these additional steps. Use and Disclosure for Treatment, Payment, and Health Care Operations. It must protect the right of patients to decide who will see their medical records, thus preserving doctor-patient confidentiality. Use and Disclosure for Judicial and Administrative Proceedings. The regulation must encourage the current practice of hospitals and doctors requiring patient consent or notice to the patient before a court-ordered disclosure of medical records.