PRESIDENTIAL RELIEF ON MEDICAL PRIVACY
By: Stephen A. Albanese 
NBA - Boston / Northeast Region, APWU
2 Electronics Avenue, S. 38
Danvers, MA 01923 - 978/777-8692

The enclosed news item is a great follow up to the recent article I wrote on Fitness for duty changes and mgt's expanded effort to force employees to disclose medical histories.

In late December an article appeared in the Washington Post outlining a Presidential Executive order being issued by President Clinton which prohibits the release of Federal Employees' medical information to employers and insurance companies without the consent of the individual.   This executive order went a lot further than the one proposed by President
Clinton a year earlier.  It applies to information transmitted electronically and paper records.  It also prohibits the exchange of information orally without the patient's consent.

President Clinton explained that this protection outweighed an employer or insurance company's right to know.  He reasoned that individuals were reluctant to seek treatment for serious conditions because of their fear that others would find out.  These regulations should allay that fear.

Three years ago congress took up this problem and gave themselves until 2001 to pass legislation.  When they failed to meet their self-imposed deadline the ball dropped into President Clinton's lap making it possible for him to resolve the matter with an executive order.  The executive order has far reaching protections.  It allows individuals to receive a history of persons
or entities that receive information from their medical files.   It also requires doctors to release the minimum amount of information from the individuals medical file.  In the past employers could get entire copies of a patient's history.  Now the patient gets to control the amount of information released.  The executive order goes into effect in two years and includes
new regulations, which allow for substantial fines and penalties for improper disclosures.

This entire matter comes at an important time for us as Postal Workers because of the recent changes made to the EL 806, that I reported in my previous article.  In that article I discussed the broad discretion now being given to Postal Medical officers and contract physicians when performing fitness for duty exams.  The EL 806 now allows for these medical personnel
to delve deep into a person's medical history.  I believe the executive order will now drastically curb abuses in that area.  According to the Post article incoming President Bush can rescind or amend the executive order "for cause". Time will tell whether or not he will attempt to do that.  Speculation is that he will not change the order.