President Bush has decided to allow sweeping patient privacy rules originally issued under departing President Clinton to start taking effect immediately, according to Secretary of Health and Human Services Tommy Thompson.

In a statement issued on Thursday, April 12, Thompson stated, "President Bush wants strong patient privacy protections put in place now."

The rules were originally to have taken effect on Feb. 26, but Secretary Thompson agreed to delay their implementation pending further study. Republican lawmakers and health industry groups had objected to the costs of implementing the regulations issued during the final days of the Clinton Administration. 

In a prepared announcement, President Bush stated, "New technologies have at times made it more difficult to protect personal medical information," and acknowledged the need for patients to have access to their medical records. "For the first time, patients will have full access to their medical records and more control over how their personal information will be used and disclosed," said the president.

The Department of Health and Human Services will be responsible for implementation and enforcement of the privacy regulations. Those organizations affected by the regulations will have until April 14, 2003 to achieve full compliance.

President Bush asked Secretary Thompson to modify language in the current rule limiting parents' rights to access their children's medical records. "I have asked Secretary Thompson to recommend appropriate modifications to the rule to address these concerns and to ensure that patients receive the highest quality of health care," he stated.

The rule allows parents to obtain health information gathered on their children including data dealing with abortion, drugs and mental health.

Under the regulations, all patients will gain the rights to see their own medical records and to limit what information doctors can give to insurance companies, rights currently limited in some states.

In this letter dated April 2, 2001, the National Governors Association urges the Bush Administration to avoid preemption of the medical privacy rules by the states.

Secretary Thompson also issued a statement promising that his agency will make it clear through guidelines or recommended modifications that:

• Doctors and hospitals will have access to necessary medical information about a patient they are treating and they will be able to consult with other physicians and specialists regarding a patient's care. Certainly patients want their doctors to make the most informed decisions possible about their care and treatment.
  
  
• Patient care will be delivered in a timely and efficient manner and not unduly hampered by the confusing requirements surrounding consent forms. For example, pharmacists will be able to fill prescriptions over the phone and serve their customers in a timely manner.
  
  
• And, parents will have access to information about the health and well-being of their children, including information about mental health, substance abuse or abortion.

For more details on the medical record privacy rules, see: New Law Protects Privacy of Medical Records (Dec. 20, 2000)

For information about the federal rulemaking process, see: Federal Regulations: Laws Behind the Acts