News Feature | November 20, 2014

AMA Urges Stronger Health Privacy Policies

Christine Kern

By Christine Kern, contributing writer

The American Medical Association is promoting strengthening confidentiality for patients insured as dependents.

The American Medical Association has adopted a new policy urging health insurance companies to strengthen their healthcare privacy policies to keep sensitive medical information from breaching the confidential patient-doctor relationship. The policy was adopted at the AMA’s Interim meeting, according to a press release.

In particular, the policy is geared toward protecting the health information of patients insured as dependents. Explanations of benefits (EOB) are routinely issued by health insurers directly to the primary policyholder. These EOB contain payment status information for any medical services provided to all individuals covered under the policy.

However, this latest AMA policy notes that this practice might, in fact, be disclosing sensitive patient information about the care of dependents to the primary policyholder.  This is particularly significant for patients undergoing treatment for mental health issues, substance abuse, sexual or reproductive health issues, or domestic violence, since a lack of confidentiality has been acknowledged as a factor for adolescents and young adults in the decision to seek medical care for such issues.

 The disclosure of potentially sensitive medical information on standard insurance forms has become more of a concern as the Affordable Care Act allows an increasing number of young adults to obtain health insurance as dependents of their parents, guardians, spouses or domestic partners,  said AMA President Robert M. Wah, M.D.  The AMA's new policy promotes a multipronged approach to protect the privacy interests of patients and preserve the financial interests of policyholders.

The new AMA policy reinforces that the Health Insurance Portability and Accountability Act (HIPAA) provides for the use of a Privacy Rights Request Form, which allows patients to request confidential communications, and encouraged physicians to educate their patients about this choice.  A model HIPAA Privacy Rights Request Form developed by the AMA is available online.

The AMA also states that health insurers have a responsibility to promote confidential access to health services by preserving confidentiality for all insured individuals through a method of listing services that does not disclose sensitive information on EOBs; communicating clearly to all insured dependents how to request confidential statements; creating privacy protections on EHRs for all insured individuals.