ANA Responds To Final Modifications On Privacy Regulation

Washington, DC -- The American Nurses Association (ANA) today commended the Bush Administration for taking the final step in setting comprehensive standards for the privacy of medical records, an action that for the first time ever gives Americans federal protection regarding their medical information. But ANA stopped short of giving its full endorsement to the measure, which modifies the already existing Health Insurance Portability and Accountability Act, citing "disappointment" with certain "weakened safeguards."

"This new rule is important because it provides key privacy and confidentiality protections to patients," said ANA President Barbara A. Blakeney, MS, APRN,BC, ANP. "These are issues that nurses face on a daily basis, and the new standard embodies protections that ANA and its constituent member associations have long sought to secure."

However, Blakeney was also quick to point out that some of the safeguards embodied in the final standards, put forth by the by the U.S. Department of Health and Human Services particularly removal of the written consent provision may diminish patients' protection.

"ANA is pleased that consumers may now inspect and correct their medical records, find out who else has accessed them and take action against parties who misuse the information," Blakeney stated. Also commendable, she said, was the current administration's strengthening of a provision that protects against the use of patients' medical information for the marketing of prescription drugs and other products by companies that now have access to individuals' medical records. "But we are disappointed that the portion of the rules requiring patients' written consent was omitted in the final rule, and we do not have 'faith' in the administration's assumption that providers will always make ‘a good-faith effort to obtain a written acknowledgment of the receipt of the notice,'" she added.

ANA has testified on the issue of patient privacy and confidentiality at numerous hearings before Congress in recent years, and the association has been a forerunner in the formation of proposed policy on the subject. "ANA considers the issue of patient privacy to be very important," Blakeney stated. "We've been involved in every stage of the rule-making process by consulting with our members, consumer rights groups and others, and by providing comments. And we will continue to monitor and respond to the issues surrounding the new rule as it moves forward into compliance," she added.

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ANA is the only full-service professional organization representing the nation's 2.7 million Registered Nurses through its 54 constituent associations. ANA advances the nursing profession by fostering high standards of nursing practice, promoting the economic and general welfare of nurses in the workplace, projecting a positive and realistic view of nursing, and by lobbying the Congress and regulatory agencies on health care issues affecting nurses and the public.

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