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May, 2001
GAO Report: Medical Privacy Regulation - Questions Remain About
Implementing the New Consent Requirement
The privacy regulations consent requirement will be more of
a departure from current practice for some providers than for
others. Most health care providers, with the exception of
pharmacists, obtain consent from patients to release information
to insurers for payment purposes. The new requirement adds
pharmacists to those providers obligated to obtain written consent
before they can use or disclose patient information for routine
health care purposes. These purposes now include treatment and a
range of health care management activities as well as payment.
Supporters of the requirement believe that the process of signing
a consent form provides an opportunity to inform and focus
patients on their privacy rights. Others, however, are skeptical
and assert that most patients will simply
sign the form with little thought. In addition, provider and other
organizations interviewed are
concerned that the new consent requirement
poses implementation difficulties. They contend that it could
cause delays in filling prescriptions for patients who do not have
written consents on file with their pharmacies, impede the ability
of hospitals to obtain patient information prior to admission,
hamper efforts to assess health care quality by precluding the use
of patient records from years past, and increase administrative
burdens on providers.
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