AFFIRMATIVE — MEDICAL — INHERENCY 230

STATES LAWS ARE INADEQUATE

STATE LAWS ON MEDICAL RECORDS AND WEAK AND INCOMPLETE

Jonathan Gardner, Modern Healthcare, July 26, 1999; Pg. 6 TITLE: NEW REPORTS QUESTION MEDICAL PRIVACY LAWS // acs-VT2001

The first report, from a health privacy project at Georgetown University, Washington, said state laws governing medical records privacy are weak and incomplete in areas the federal government is seeking to regulate. For example, there should be limits on the disclosure of health information and punishments or penalties for violations. The report credits some states for having strong laws protecting the confidentiality of patients with AIDS, genetic disorders and other conditions.

ONLY TWO STATES PROTECT MEDICAL RECORDS COMPREHENSIVELY

USA TODAY, July 26, 1999, SECTION: NEWS; Pg. 14A TITLE: With patient-data leaks spreading, Congress fans the flames // acs-EE2001

To get a sense of how unprotected patients' medical records are from prying eyes today, consider this: Just two states -- Rhode Island and Wisconsin -- have comprehensive medical privacy statutes.

STATE MEDICAL PRIVACY REGULATION IS UNEVEN AND INADEQUATE

USA TODAY, July 26, 1999, SECTION: NEWS; Pg. 14A TITLE: With patient-data leaks spreading, Congress fans the flames // acs-EE2001

The rest have tackled the issue in piecemeal fashion, according to a survey of state privacy laws by Georgetown University's Health Privacy Project. A little protection for this ailment here, some disclosure rules for that provider there. Some examples:

• Just 11 states give privacy rights to those diagnosed with birth defects.
• Only four protect information about abortion.
• Just 17 states specifically restrict disclosures by mental health providers.
• Only 18 states put restrictions on insurance company disclosures.

The result is that the most sensitive information about medical conditions and treatments is left unprotected. That becomes more troubling every day, as technology eases collection of health data and as the list of those hoping to use that data grows.