(Feb. 6, 2017) The passage of the 21st Century Cures Act last month represented a watershed moment for individuals and families affected by serious mental illness across the country.
But US Representative Tim Murphy, author of the landmark Cures Act, doesn’t think the bill goes far enough to help families locked out of their loved one’s care due to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule (“Congressman Murphy wants to revamp HIPAA privacy rules,” Observer-Reporter, Jan. 28).
Rep. Murphy told the Observer-Reporter that he wanted a “compassionate communication allowance” enabling doctors to notify family members of those with serious mental illness about medical issues, instead of forcing them to wait until the patient’s illness reached crisis level.
“The doctor is no longer able to share information, and we think that’s preposterous,” Murphy said. “Give the doctor the discretion to make the informed decision to make that call.”
Indeed, the HIPAA Privacy Rule creates barriers that hurt people suffering from mental illness rather than help to protect them.
Under the law, medical providers are required to keep patient information confidential, except under certain circumstances.
This sounds like a good thing, and under normal circumstances, it is. However, when the patient has a severe and persistent mental illness, things get complicated.
Murphy argues that such patients might be too incapacitated to make rational decisions involving their medical care, yet HIPAA prevents family members from being able to step in and help.
“That patient does not get care because they are not competent enough to get care,” Murphy said. “Sometimes they don’t understand the existence of their mental illness or the severeness of their mental illness.
“For the patient themselves, we know that when a family member is engaged and involved, the success rate is very, very high,” he continued. “When a family member is not involved, it declines considerably, so it’s good for someone’s health.”
HIPAA’s privacy restrictions are complicated, and their ambiguity can lead to tragic outcomes.
There are numerous “gray areas” in the law, and much is left up to the treating physician’s discretion.
But when faced with the decision of whether or not a situation calls for a break in confidentiality, many doctors and hospitals take the easy out and choose not to share anything under any circumstances.
That’s why Murphy says there should be clearer regulations on what medical providers can release. He hopes the HIPAA clarification and guidance required by the Cures Act will help break down some of the barriers families face in getting the information necessary to help their loved one with mental illness obtain treatment before tragedy.
“Families may know the person is in treatment and they are desperately calling for help,” Murphy said. “The family is aware there are problems, but there is poor or no communication.
“The idea we’re protecting someone’s confidentially, it actually harms them,” he continued. “I would rather be facing a family in a courtroom than face a family in a funeral home.”
Read HIPAA at a Glance to learn more about navigating HIPAA privacy restrictions.
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