[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
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
______________________________________
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