U.S. issues guidelines for patient records

July 6, 2001 Posted: 4:53 PM EDT (2053 GMT)

WASHINGTON (AP) -- Friends can pick up prescriptions at the local pharmacy. Hospitals don't have to build soundproof rooms for patient consultation. Parents generally may be told if their children have had abortions or visited drug clinics.

A guide on federal privacy rules was issued Friday to answer questions that arose after President Bush endorsed updated rules in April. Dating back to the Clinton administration, the rules were meant to ensure that hospitals, doctors, insurers and others keep patients' personal files private.

Bush promised some changes, but Friday's document doesn't contain any, said Bill Pierce, a spokesman for the Health and Human Services Department.

He said the guidelines were issued to clear up confusion over existing provisions.

The rules grant patients the right to see their records, control who sees them and take steps to protect them from misuse. Providers who violate the rules can face fines or jail time.

Many doctors and hospitals protested that the rules were too strict and would hamper their ability to help patients by sharing needed information about treatment and conditions.

The rules went into effect April 14, but most health plans and providers that are covered by the new rule will have until April 2003 to comply.

Some areas may be changed, but officials had no timeline for that on Friday.

Meanwhile the guidelines focused on a number of areas that included parental consent, who shares health data and what rights to protection patients have.

The guidelines make clear that parents will have access to a child's information, except in states where minors are allowed to seek health care services on their own, the government statement says. For example, Planned Parenthood says, more than 30 states have laws requiring parental consent or notification before a minor's abortion.

"The minor may choose to involve a parent in these health care decisions without giving up his or her right to control the related health information," the guidelines said.

In mostly Q&A format, the guide puts some other misconceptions to rest.

The privacy rule does not require hospitals and doctors' offices to use private rooms or soundproof walls, or to encrypt wireless or telephone signals to avoid any possibility that a conversation between doctor and patient is overheard.

State laws continue to apply

So far, new patients to a pharmacy can't just have a prescription phoned in without providing their written consent. HHS officials said they would address that issue.

But a pharmacist can provide advice about over-the-counter medicines without obtaining the customers' prior consent, provided that the pharmacist does not create or keep a record of it. And pharmacists may use professional judgment and experience in deciding whether to allow a person other than the patient to pick up a prescription.

"The rule allows the pharmacist to give the filled prescription to the relative or friend," the guide said. "The individual does not need to provide the pharmacist with the names of such persons in advance."

The minor consent rule was among several controversies surrounding the hotly debated privacy rules.

The rules were meant to overcome patchwork of federal and state laws on the issue. State laws that provide stronger privacy protections will continue to apply over and above the new federal privacy standards.

HHS officials also said the agency might re-evaluate the rule on parental consent, but offered no further details on how it might change.

Rule changes would be made final after public comments are heard, HHS said.

"Covered entities can and should begin the process of implementing the privacy standards in order to meet their compliance dates," the guide suggested.

Copyright 2001 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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