Literature DB >> 22261983

Privacy, consent, and the electronic mental health record: The Person vs. the System.

Norman A Clemens1.   

Abstract

As electronic health record systems become widely adopted and proposals are advanced to integrate mental health with general health systems, there is mounting pressure to include mental health information on the same basis as general health information without any requirement for active, individual patient consent to do so. A prime example is the current effort to change the Mental Health Information Act of the District of Columbia, which has, up till now, stood as a model for protection of the privacy of patients with mental illness, the requirement of informed consent for disclosure of health information, and delimitation of minimum necessary disclosure. Mental health information is exceptionally sensitive and potentially damaging if privacy is breached, which makes patients reluctant to seek treatment if they cannot be assured of confidentiality. In addition, there have been spectacular breaches of the security of large electronic health record databases. A subtle but more likely threat is the possibility that mental health information in networks could be fully accessible to all of the patient's providers in a network, not just those for whom it would be necessary to the patient's care. In the 1996 Supreme Court decision in Jaffee v. Redmond, the high court recognized that confidentiality is essential for patients to engage in effective psychotherapy, and HIPAA maintains that special status in the protection of psychotherapy notes as well as explicitly stating that it defers to state laws that are more protective of confidentiality than is HIPAA itself. Highly sensitive information also exists in mental health records aside from psychotherapy notes. Any change in the laws that govern informed consent for disclosure of mental health information must take these factors into account. Specifically, the author opposes any change that would assume tacit consent to release mental health information through an electronic health information exchange in the absence of a patient-initiated request to "opt out"; the requirement that the patient give active, informed and non-coerced consent to disclose information--"opt in"--must be preserved.

Entities:  

Mesh:

Year:  2012        PMID: 22261983     DOI: 10.1097/01.pra.0000410987.38723.47

Source DB:  PubMed          Journal:  J Psychiatr Pract        ISSN: 1527-4160            Impact factor:   1.325


  9 in total

1.  Effect of the Exclusion of Behavioral Health from Health Information Technology (HIT) Legislation on the Future of Integrated Health Care.

Authors:  Deborah Cohen
Journal:  J Behav Health Serv Res       Date:  2015-10       Impact factor: 1.505

Review 2.  Electronic Health Records: Then, Now, and in the Future.

Authors:  R S Evans
Journal:  Yearb Med Inform       Date:  2016-05-20

Review 3.  Ethics and Confidentiality for Psychologists in Academic Health Centers.

Authors:  Kathleen Ashton; Amy Sullivan
Journal:  J Clin Psychol Med Settings       Date:  2018-09

4.  Separate may not be equal: a preliminary investigation of clinical correlates of electronic psychiatric record accessibility in academic medical centers.

Authors:  Dana E Kozubal; Quincy M Samus; Aishat A Bakare; Carrilin C Trecker; Hei-Wah Wong; Huiying Guo; Jeffrey Cheng; Paul X Allen; Lawrence S Mayer; Kay R Jamison; Adam I Kaplin
Journal:  Int J Med Inform       Date:  2012-12-21       Impact factor: 4.046

5.  Using Mobile Phone Sensor Technology for Mental Health Research: Integrated Analysis to Identify Hidden Challenges and Potential Solutions.

Authors:  Tjeerd W Boonstra; Jennifer Nicholas; Quincy Jj Wong; Frances Shaw; Samuel Townsend; Helen Christensen
Journal:  J Med Internet Res       Date:  2018-07-30       Impact factor: 5.428

6.  The anatomy of electronic patient record ethics: a framework to guide design, development, implementation, and use.

Authors:  Tim Jacquemard; Colin P Doherty; Mary B Fitzsimons
Journal:  BMC Med Ethics       Date:  2021-02-04       Impact factor: 2.652

Review 7.  Big data for bipolar disorder.

Authors:  Scott Monteith; Tasha Glenn; John Geddes; Peter C Whybrow; Michael Bauer
Journal:  Int J Bipolar Disord       Date:  2016-04-11

Review 8.  'Big data' in mental health research: current status and emerging possibilities.

Authors:  Robert Stewart; Katrina Davis
Journal:  Soc Psychiatry Psychiatr Epidemiol       Date:  2016-07-27       Impact factor: 4.328

9.  Examination and diagnosis of electronic patient records and their associated ethics: a scoping literature review.

Authors:  Tim Jacquemard; Colin P Doherty; Mary B Fitzsimons
Journal:  BMC Med Ethics       Date:  2020-08-24       Impact factor: 2.652

  9 in total

北京卡尤迪生物科技股份有限公司 © 2022-2023.