Dear Secretary Thompson:
It recently came to my attention that proposed DHHS rules will prohibit parental access to the child's medical record information and children may be treated without consent. [§164.502(g)(1) Standard: Personal representatives]. It may also be proposed that new proposed regulation allows doctors, health plans and health care facilities to provide unilateral access to my medical records at the request of government officials, law enforcement officers, researchers and other agencies and entities.
I know that my medical file is personal property, that is why doctors need a release if I want my file to be copied or transferred to another doctor. The 14th amendment guarantees that my property will not be taken without due process. The proposed regulations violate this fundamental protection to due process and property. This is a violation of my patient and privacy rights under the Hippocratic oath, my rights under the US Constitution and my right to refuse to be a research subject under the Nuremberg Code. (Section 164.512)
I also object to the provision of the regulation which permits treatment of children without parental consent and withholding of children's medical records from their parents. (Section 164.502). Parents are liable for the actions of their children; parents would be negligent if they abandoned or mistreated their children; parents have legal duties to protect the health and welfare of the their children. Yet, the government is now creating a heavier hand that would fundamentally interfere with the parents' rights and responsibilities. If the parents do not have access to the children's medical information, they cannot make a full and fair determination of what is in the best interest of their children.
The proposed rules if enacted would seriously impair the parents ability to interact with their children in a wholesome and candid manner, and impair the parents' ability to be good parents. There have been many pledges recently from politicians to give autonomy back individuals and the proposed rules are contrary to that precept.
Very truly yours,
cc: Senators _______________ and __________________