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J Biolaw Bus. 2003;6(2):61-5.

Maintaining informed consent for doctor-patient confidentiality: more serious failings in the HHS medical regulations.

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Program in Psychiatry and the Law, Harvard Medical School, USA.


The Health and Human Services (HHS) regulations on medical records, approved by the Clinton administration in December 2000, and by the Bush administration in April 2001, improved confidentiality protection from the preliminary rule by incorporating fair information practices, consent and minimal necessary disclosures provisions. The Fall 2002 removal of the consent requirements seriously breaches these promises. The consent provisions need to be strengthened, not weakened.

[Indexed for MEDLINE]

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