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    Medical Records Privacy
    Medical records are among the most personal information about an individual. Yet, Americans have greater privacy protections over the records of video rentals than over their medical records.

    Today, society is witnessing tremendous changes in both the collection and use of health information and in the environment in which it resides. The transition from fee-for-service health care to managed care has led to a demand for an unprecedented depth and breadth of personal information by a growing number of players. At the same time, the environment for information is moving rapidly from paper forms and files to electronic media, giving organizations a greater ability to tie formerly distinct information together and send it easily through different sources.

    In 1999-2000, Congress considered but ultimately failed to adopt medical privacy rules, either by amending the Health Insurance Portability and Accountability Act of 1996 or creating new legislation altogether. Congress failed to meet its self-imposed August 21, 1999 deadline for enacting comprehensive health privacy rules.

    As a response, the Clinton administration issued the first set of federal privacy rules to protect medical informationin December 2000, requiring consumer consent before companies share medical data or detailed information about consumer spending habits. The rules also require companies to disclose their privacy policies prior to engaging in data transactions with users. See White House documents posted below. For complete information, go to the Georgetown University Health Privacy Project.


    Clinton Health Care Regulations (December 2000)


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