Rep. Tim Murphy: Editorial: HIPAA Privacy Rules Should Be Tweaked

WASHINGTON, Feb. 6 -- Rep. Tim Murphy, R-Pa., issued the following news release:

Congressman Tim Murphy (PA-18), a practicing psychologist who authored the most comprehensive mental health reform law in a half-century, has long advocated for improving the Health Insurance Portability and Accountability Act (HIPAA) to allow for compassionate communication between doctors and primary caregivers to best treat those who suffer from serious mental illness. A four year-long investigation into our nation's broken mental health system, led by Murphy, found that HIPAA privacy rules routinely interfere with the timely and continuous flow of health information between health care providers, patients, and families, thereby impeding patient care, and in some cases, public safety.

Because the HIPAA rules are so complex, health care providers frequently assume they are not allowed to share critical information with family members about their loved one, which far too often results in injury or death. Congressman Murphy's Helping Families in Mental Health Crisis Act, signed into law last December, provides much needed clarification to health care providers for when they may communicate with family members to assist in the treatment of an adult with mental illness or substance use disorder. Murphy plans to introduce further legislation this session of Congress to build upon the gains made by these new provisions.

Over the weekend, the Observer Reporter Editorial Board promoted Murphy's recent efforts to allow for compassionate communication in an op-ed. Click here (https://iqconnect.lmhostediq.com/iqextranet/iqClickTrk.aspx?&cid=PA18TM&crop=0000.0000.0000.0000&report_id=&redirect=http%3a%2f%2fwww.observer-reporter.com%2f20170205%2fhipaa_privacy_rules_should_be_tweaked&redir_log=466980152099556) or continue reading below.

By the Editorial Board

February 5, 2017

Patient privacy is paramount for health care providers, but is it detrimental to society's most vulnerable? To put it more bluntly, can the rules designed to protect a patient hurt them in the end? These are the questions U.S. Rep. Tim Murphy is raising with his proposal that privacy rules be loosened ever so slightly on the Health Insurance Portability and Accountability Act, or HIPAA. These rules govern what information on a patient can be shared. In most circumstances, HIPAA works as designed, giving patients the medical privacy they deserve with the opportunity to release records or information at their choosing. But cracks are showing when it comes to those suffering from mental illness. Murphy thinks there are too many gray areas in the law that impede people with psychiatric problems from getting the care they need. Murphy wants a "compassionate communication allowance" that would give doctors the power to notify families of relatives suffering from mental illness about medical issues without permission from the patient. He contends that often there are other medical issues involved - such as diabetes - but they go untreated because a patient might not be "competent enough" to get the needed care or take appropriate medication. Other health care professionals have argued against invading a patient's privacy under any circumstances - except when they are putting themselves in imminent danger - and that they still have rights, regardless of their mental condition. We agree to a certain extent, but think there should be some circumstances when a doctor can override a patient's wishes to get relatives involved. While this might be a controversial concept, it seems only natural that when someone is not aware he or she has mental illness, a trained physician should be able to step in to get others involved. We won't even begin to suggest how this process would work, but it's becoming increasingly clear that something must be done. People such as Murphy, a child psychologist, who have the background in this field, should lend their expertise to find a solution. The need for some changes is evident by the recent tragedy in Clarksville. Christopher Griedel was arrested by Cumberland Township police in early December and attacked police officers both at the scene and as they drove him to the Greene County jail. Witnessing his erratic behavior, the officers decided to take him to WHS-Greene hospital near Waynesburg for a mental health evaluation. But Griedel was released from the hospital after there was apparently no communication between the hospital's medical staff and the arresting police officers, even with an arrest warrant filed against him. Less than four weeks later, Griedel was shot to death by his brother, Ryan, in what he and other witnesses have described as self-defense. State police have not charged Ryan Griedel in the incident. Greene County Human Services solicitor Greg Hook, who has no affiliation with the hospital, said the medical staff's hands were tied because of HIPAA. "It would be in violation for a hospital to notify (police)," Hook said. "It's not a prison. The hospital is in charge. The hospital doesn't have an obligation to say, 'John Doe is ready for discharge. Come get him.'" We think that should change. There should be limited circumstances in which hospital staff is permitted to notify an arresting police agency that a person is about to be released. This change wouldn't allow for police to troll for people wanted on random warrants. It would, however, mandate that when officers bring a person who is in their custody to the hospital, they're notified when the treatment is over. It only makes sense that a person who comes into the hospital wearing handcuffs, leaves wearing handcuffs. Whose privacy is being intruded upon in that circumstance? Would that have made a difference with Christopher Griedel? We may never know, but it seems more likely there would have been a better outcome if he was in the custody of the jail staff where he could not harm him or others. In an effort to protect some patients, HIPAA privacy rules might actually be hurting them.

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