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September 08, 2010
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Healthcare 360 - Privacy and Protection

Ms. Rein:  I think our view is essentially that it’s inevitable that we’ll move forward with an electronic transition and that it will be vital to health care delivery and improvement. But we have a lot of concerns about how this is actually implemented, wanting to make sure that the policies are integrated along with the technology.

Mr. Sesno:  What’s your main concern? We mentioned privacy. Is that the main one?

Ms. Rein:  It’s privacy, confidentiality, appropriate data use. I mean, we acknowledge that the information is going to have to be shared, but we want there to be certain rules and protocols for how it can be used and shared and only when the patient or their family wants that to happen.

Mr.Sesno:  So to boil it down, it’s sort of like an ATM on steroids, right? I mean, if I worry about my ATM card or identity getting stolen, my medical records would be potentially even worse and certainly a lot more private.

Ms. Rein:  It is. And consumers have a much higher degree of sensitivity with respect to their medical information than financial information, in part because we don’t have a lot of the safeguards in our system protecting health information.

Mr. Sesno:  But why isn’t it mostly, like 95%, a great thing?

Ms. Rein:  Because if you talk about protecting me, the most basic protection is that when I go to the doctor, he doesn’t screw up my medical records and give me the wrong medication. He can pull everything up, or she can pull everything up and see what I’m all about.

I think that that is certainly a laudable goal, and I as a patient would want to see that, but there are a lot of concerns about what else that information could be used for. So right now, we allow discrimination for employment, for health insurance coverage. People are really concerned that their health information could be turned and used against them, and there have been several cases of that.

Mr. Sesno:  Dr. Merten, George Mason University is involved in promoting this. What are you learning?

Dr. Merten:  Well, I think we’re learning that it’s important and that there are concerns at the same time. I’m a computer scientist, and over the decades, I’ve been struck by how computers have changed so much of what we do and how we act in our society. And it’s amazing that in this one area--probably the most important area where we’re lagging, where we haven’t figured out a way how to address the issues that have been addressed here with respect to privacy and others. But it’s important. Information is power. Information is important.

And what we’re trying to do at George Mason University is bring the right people together to address the kind of issues that we’re talking about here.

Mr. Sesno:  Dr. Bentz, for the patient, what matters most?

Dr. Bentz:  Quality care.

Mr. Sesno:  And I think the fact that you are--you’re not a horse-and-buggy operation anymore. You’re not a ballpoint-pen operation anymore--that you’re using the state-of-the-art in all of the aspects of health care that gives them confidence when they walk out of the office. But we saw you in your office there, and you told us that in a sense, you, and a lot of doctors like you, can’t afford this.

Dr. Bentz:  That’s a--cost is a big issue, and I think--and I’m not alone. I think there are many people--I reiterate, in my age group--who have been in medicine for a number of years, and they have a decision to make. They have to either--you can either--as my father would say, "You can stand there and shuffle your feet and wring your hands, or you can do something about it." I did. I transitioned my patients into a practice that has electronic health records and moved on to an institution that had all of the things I needed to continue to do health care, like palm pilots and all the computer support I could possibly need.

Mr. Sensno:  So, Dr. Clancy, let me ask you this question. Again, I’m thinking as a patient here. I’m also thinking as a consumer. I use technology all the time, and I’m fond of saying, every once in a while when something crashes, that I’m standing at the digital divide and I’m about to jump. Because you know, something crashes or shuts down, and it shuts me down. How does that not get--how do you balance the opportunities and the risks of this kind of technology?

Dr. Clancy:  Well, Ii think that’s a really, really important question. And of course, you saw Dr. Benjamin in the opening clip. She’s the same doctor she was before--after--before she was--after Katrina as she was before Katrina--same smart person, same compassion and passion about giving her patients good care. But she doesn’t have their information. So to some extent, that is the critical issue. What kind of care and quality can I provide to the patients who come to me with their problems if I don’t have their information? And the short answer is, "not very good."

So many doctors do worry about the backup problem. What happens if the server goes down or I lose power? And so forth. But more and more vendors are getting smart about providing backups for that. So you know, when the veterans hospital left New Orleans, they evacuated their people, and they simply uploaded all the records.

Mr. Senso:  Well, they had all this information living on systems.

Dr. Clancy:  Absolutely.

Mr. Senso:  Alison Rein, give us an example of--if there is one at the top of your head--of a concern, of a case where someone’s medical records weren’t properly guarded.

Ms. Rein:  The mechanism to track that right now rests with the Office of Civil Rights, which is part of Health & Human Services. And there’s been, I think, 24,000 reports, and not one single violation or penalty has been assessed, so--

Mr. Sesno:  So reports of what, of what happening?

Ms. Rein:  It could be anything. So one really, really touching example is a woman whose--whose mental health information was sent along with the entirety of her medical record, and that piece of it didn’t need to go to get the care that she needed. And now she is completely unable to get that piece removed from her medical record. So every time that medical record gets shared with another institution, they also have her mental health history. And that’s really--

Mr. Senso:  And she doesn’t want that?

Ms. Rein:  She doesn’t want it. She has tried-- there was an article in "The Wall Street Journal" a couple months ago about her, and she has tried every means of recourse she has. And she can’t get anybody to change it in the system, in part, because the law affords her no protection and no recourse.

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