From Deseret News archives:

Don't just throw records away

Published: Thursday, Dec. 14, 2006 10:04 p.m. MST
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Recent news reports that sensitive medical records were placed in plain sight within a recycling Dumpster in Utah County are disturbing, but not terribly unique.

According to a recent story on medical privacy in the Grand Rapids Press, several reports have been made nationwide of patient information being carelessly thrown in places where people easily could grab Social Security numbers and other sensitive data. The nation's three largest drugstore chains, Walgreens, CVS Corp. and Rite Aid, are planning to revisit the way they handle such information, the paper said.

The company that owns the dumpster in Utah County is contesting allegations it has done anything wrong, but there is enough anecdotal information from other places around the country to show that patient records may not always be handled with the sensitivity they deserve. That is no small concern in an age when identity theft has become a big business.

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The Health Insurance Portability and Accountability Act, or HIPAA, has from its start presented problems. Usually, these revolve around its tendency to make everything secret to the point of absurdity. For instance, police earlier this year traced a suspected arson and assault suspect to University Hospital in Salt Lake City, only to be told the hospital would not allow them access to the man because of confidentiality rules. Later, the same thing happened when police learned the man had checked himself into the Neuropsychiatric Institute, even though they had a warrant.

Last year, a HIPAA media guide cast doubt as to whether patient information would be released during a widespread disaster, such as an earthquake. Without such information, friends and loved ones would have little chance of locating each other.

But the disposal of paper records is not a HIPAA problem. The law provides penalties for that sort of carelessness, as does state law. This is a problem with which private business must deal. For that matter, it is a problem for any business with disposable records containing personal information, as well as for private residents who throw things out from time to time.

Some day, all such records will be handled electronically. But that's when the need for privacy becomes even more acute. The time to get used to treating records with the utmost care is now.

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