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Re: Release of Info on "Terminally Inconvenienced" Persons



Title: RE: Release of Info on "Terminally Inconvenienced" Persons
It's kind of what I meant about a national organization making a certain amount of noise about the long-range impact of these kinds of rules.  Yes, I think it's clear that permanently closing patient records is likely to impact medical history drastically.  That said, I think the privacy issue is considerable and I think it's important that people's medical records remain private.
 
I would think that a time limit would satisfy both needs reasonably well - that 75 years after death of the author or whatever the copyright laws were originally set to be (although, if I understand recent copyright law, all materials are protected until the Sun goes out or the arrival of the Messiah of your choice).  Thus 75 years after the death of the patient could conceivably serve both privacy and history needs.
 
I admit some surprise about Steve's point regarding HIPAA applying only to electronic-transfer type records; it's been my understanding that ANY record involving a person's medical condition, be it paper or otherwise transacted, would be protected.  Needless to say the absence of case law and the continuing evolution of a statute that Health Care providers are required to implement by next year is going to make the whole thing incredibly complicated.
 
But, as always, Steve is correct - get appropriate legal advice before making any decision about these materials or bear the potential consequences.

DS

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Daniel Sokolow, Archives Coordinator
David Taylor Archives
North Shore-Long Island Jewish Health System
155 Community Drive
Great Neck, NY 11021
mailto:dsokolow@nshs.edu