Legislative Issues Surrounding the Confidentiality of Health Records.
ResearchPublished 1975
ResearchPublished 1975
Who and what organizations should be permitted full medical information and for what purposes? How should medical information be safeguarded and restricted to proper use? Should there be any part of health records immune to court writ? This discussion of issues involved in proposed privacy legislation considers the problem of access to health records from several viewpoints: (1) the need for citizens to be aware of the existance of health-record databanks; (2) the harm to individuals caused through unauthorized use of health records; and (3) the risks involved in allowing patients access to health records. The author suggests amending the present draft legislation to permit patients to examine medical records only when circumstances warrant, but stresses the need for an "appeal mechanism" to protect patients and a mechanism to absolve physicians of undesirable consequences issuing from the appeal process. "While much of the presently proposed privacy legislation is satisfactory for, and will cause no essential problem to, health-care-record information systems," says the author, "there are a few areas that will require special treatment under the law." 10 pp.
This publication is part of the RAND paper series. The paper series was a product of RAND from 1948 to 2003 that captured speeches, memorials, and derivative research, usually prepared on authors' own time and meant to be the scholarly or scientific contribution of individual authors to their professional fields. Papers were less formal than reports and did not require rigorous peer review.
This document and trademark(s) contained herein are protected by law. This representation of RAND intellectual property is provided for noncommercial use only. Unauthorized posting of this publication online is prohibited; linking directly to this product page is encouraged. Permission is required from RAND to reproduce, or reuse in another form, any of its research documents for commercial purposes. For information on reprint and reuse permissions, please visit www.rand.org/pubs/permissions.
RAND is a nonprofit institution that helps improve policy and decisionmaking through research and analysis. RAND's publications do not necessarily reflect the opinions of its research clients and sponsors.