Disease has always had social implications, and due to the possibility of public embarrassment or even ostracism because of one's medical condition, physicians have long respected the doctor-patient privilege. Sexually transmitted diseases, for example, traditionally have been taboo subjects, requiring delicate handling lest one's "dirty laundry" be aired openly.
Discrimination is another concern relating to medical privacy matters. Public shame can hurt one's reputation, but discrimination is a violation of a person's legally protected rights.
Civil rights violations against people with HIV and AIDS continue to be prevalent throughout the United States, according to a recent American Civil Liberties Union survey.
According to the survey, those living with HIV and AIDS suffer additional hardships such as denial of medical treatment, deprivation of parental rights, workplace discrimination and even refusal of admittance into nursing homes and residential facilities.
Such negative reactions to people's health conditions can ruin their lives. Not only are HIV and AIDS patients saddled with disease, but they also must endure psychological and financial distress because of general intolerance.
And in this age of instant data and information exchange, the problem of medical privacy has grown. Modern health care infrastructure causes patient information to be widely circulated "from doctors to hospitals to laboratories to pharmacies, and not just on paper but in electronic form as well," wrote The Economist. Insurance companies and employers rely on medical data to assess clients, not always for their benefit.
In light of all this exposure, most agree some measures of privacy protection are needed. But the U.S. government's answer is far from perfect.
A new law called the Health Insurance Portability and Accountability Act went into effect April 14. HIPAA is intended to halt the unauthorized release of medical information by those other than the patient. After a long legislative battle, the health care industry is now required to abide by the regulations.
Doctors and hospitals criticize the law because they say it hampers their ability to do their job.
And it does.
There are HIPAA-related horror stories nationwide. According to a story in USA Today, thousands of doctors have stopped sending out appointment-reminder postcards, figuring the cards could be read by someone other than the patient. And some hospitals stopped providing information to patients' family members, creating a nuisance for loved ones. In short, doctors everywhere are saying the quality of health care is suffering because of misunderstandings and fears about the new medical privacy regulations.
Defenders of the law, however, claim these problems are merely the result of misconceptions and myths. Though there have been problems in its initial execution, HIPAA takes an important first step forward in protecting privacy rights.
HIPAA's goal to protect patient confidentiality and help vital information flow smoothly through our health care system is commendable. But lawmakers have defeated its goals in a mess of bureaucratic red tape and regulations. It is now up to Congress to make sure the law is executed better in the future.
For the time being, practices such as selling private medical information are being punished as criminal offenses. Patients and their families should feel free to share all medical information with their doctor but will do so only if that information is protected. Hopefully, HIPAA can achieve this aim without blocking all the access roads to helpful physicians.
Ishtiaque Masud is an economics junior. Reach him at ishtiaque.masud@asu.edu.
