Tonight, Maine Watch will air a program about electronic medical records. Maine hospitals and doctors are moving quickly to adopt electronic medical record systems, and many Mainers are now in a statewide health information database, HealthInfoNet. Tonight's program explores both potential benefits and risks in the rapidly changing world of health information. I went on the program to talk about consumer privacy, choice, and non-discrimination.
The ACLU of Maine believes that electronic medical records systems should be grounded in the principle of informed, voluntary consent by the patient. Centralized databases can never be truly secure, so it's important that patients be able to decide what information flows into these systems, particularly once the systems go statewide.
In Maine, under a law championed by the ACLU of Maine last year, patients have the right to:
1. Opt out of Maine's statewide health information system. (You can do so by clicking here on this opt out link.)
2. Be notified in case of breach.
3. Receive medical care even if they choose to opt out of HealthInfoNet.
It's not a question of if these systems will be breached, but when and to what consequence. Breaches may be intentional, perpetrated by hackers or others seeking to do harm. For example, in 2009, hackers accessed more than 8 million patient records when they broke into Virginia's prescription monitoring program. In Maine's smaller communities, breaches may occur when individuals who have access to the system are curious about what's going on with a friend or neighbor. Or breaches may be unintentional. There are numerous cases of accidental breach like the case of a doctor at Massachusetts Eye and Ear whose portable device containing unencrypted sensitive health information was stolen.
The consequences of such breaches can be significant. Sadly, discrimination against individuals with serious and/or sensitive medical conditions persists. The ACLU has represented individuals with mental illness, HIV/AIDS patients, and women seeking to access abortion or contraception in numerous cases around the country. Medical identity theft, where someone may steal your personal health information or insurance information to access medical treatment, prescription drugs or surgery, is a growing problem.
It's important that electronic medical records systems not create barriers to care. Patients should not have to choose between their privacy and their health.
That's why we at the ACLU of Maine are proud of the privacy protections passed into law last year, and we will continue to advocate for consumer privacy and informed, voluntary consent. Check out Maine Watch tonight, Thursday, September 27 at 8:00 pm on Maine Public Broadcasting Network. The show will air on MPBN radio on Friday, September 28 at 12:30 pm and again on MPBN television Friday evening at 8:30 pm. You can also access the program online at www.mpbn.net/mainewatch.
