HIPAA, the stringent new federal medical-privacy law, took effect in April, and soon had what may be some rather drastic unintended consequences in the town of Craig, Colo.: “To protect the privacy of those needing medical help, 911 dispatchers stopped mentioning residents’ names in radio calls to emergency response teams. That made it more difficult for the teams to find addresses,” which critics charge may have contributed to the death of a local heart attack victim. Moreover, thousands of doctors “have stopped sending out appointment-reminder postcards, figuring the cards could be read by someone other than the patient. Some doctors have stopped leaving messages on patients’ telephone answering machines, fearing that other family members might listen to them. Wives have been told they no longer could verify dental appointments for their husbands” — even though a federal official says such postcards, phone messages and spousal verifications do not violate the law. (Laura Parker, “Medical-privacy law creates wide confusion”, USA Today, Oct. 16).

Medical errors often arise from miscommunication, and the law has also made medical providers more reluctant to share information with each other about patients. Medpundit Sydney Smith (Oct. 20) comments: “Part of the problem is that the penalties are so stiff (they include time in prison) that no one wants to risk any breach, no matter how nonsensical and impractical complying with it may seem. I’ve heard colleagues say that they’ve had requests for old medical records from other practices or hospitals rejected because their request form was deemed ‘non-HIPAA compliant,’ and I’ve heard nurses ask one another if they’re allowed to tell another nurse in another department — say dialysis — details about the patient they’re sending over for care. Most see the law as punitive — one that will be used by the disgruntled and unhappy as one more weapon in their attack arsenal (along with laws on disability, sexual harassment, equal opportunity, etc.). That makes people — especially those who manage large organizations — very nervous. And that’s another reason they abandon common sense so readily.”

Filed under: HIPAA, hospitals, medical