May 2002 • Volume 8 • Number 5 |
HHS recently proposed changes to several federal privacy rules implementing the Health Insurance Portability and Affordability Act, citing the need to protect patient privacy while removing obstacles to quality health care. One substantial revision would make the signing of patient consent forms no longer mandatory before care is given.
Physicians must make a "good-faith effort" to inform patients of their privacy rights under HHS Secretary Tommy Thompson's recommended revision, but they can treat patients without a signed consent form.
"The President believes strongly in the need for federal protections to ensure patient privacy, and the changes we are proposing today will allow us to deliver strong protections for personal medical information while improving access to care," Thompson said in a statement.
How will the new rule improve patients' access to care? As an example, Thompson said a sick patient could stay comfortable at home while a friend or relative picked up the patient's prescription at a pharmacy. Also, he said, "Doctors will be able to consult with nurses and others involved in a patient's care to ensure that they get the best care."
The revised patient consent form rule is a "big victory" for physicians, said AAFP Executive Vice President Douglas Henley, M.D., because doctors can explain or seek advice about a patient's care without fear of violating the patient's privacy rights.
For a patient involved in medical research, one proposed rule change would mandate the signing of a single consent form instead of the multiple forms required now. Thompson said the single form would keep patient privacy intact without impeding the effectiveness of research. Another revision would apply rules similar to the "Common Rule," which governs federally funded research, to ensure a patient's identification is protected while participating in privately or publicly funded research projects.
Other proposed revisions to the rules that implement HIPAA continue to seriously concern the Academy, such as a revision to the business associate contract requirement. HHS's proposed rule change provides some relief for physicians, however, by including model business associate contract provisions and giving physicians another year to change current contracts.
At press time, the Academy, using an analysis provided by AAFP legal consultants, was developing a comprehensive response to HHS concerning the proposed revisions.
The HHS proposal can be found in the March 27 Federal Register, or visit http://www.hhs.gov/ocr/hipaa/propmods.txt to read the document.
Note: AAFP's new HIPAA Privacy Manual provides sample forms and a step-by-step guide to implementing the privacy regulations. You may purchase the manual online at http://www.aafp.org/hipaa/ or by calling (800) 944-0000. As HIPAA publishes further final rules (not just proposed revisions), notices will be posted on the Web site, and purchasers will receive updates.
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Copyright © 2002 by
American Academy of Family Physicians.