Hi Paul,

I agree completely that the ownership question is fundamental.  Until recently 
I was under the mistaken impression that everybody agreed that the patient 
owned their medical records and that physicians were simply the stewards.  Then 
I discovered that, as of the early '90's, fewer than one third of the states 
here U.S. even had laws that required that patients be given access to their 
records.  So yes, I think that clearing up the question of ownership is 
ultimately necessary.  And I'm hoping that the move to electronic form will, at 
least in part, both precipitate that discussion and facilitate the 
implementation of what I perceive to be to be the obvious answer.

Best regards,
Bill
  ----- Original Message ----- 
  From: Paul Juarez 
  To: bill.walton at jstats.com ; openehr-technical at openehr.org 
  Sent: Monday, April 28, 2003 3:04 PM
  Subject: Re: GEHR philosophical background info


  I've been following these discussions with a lot of interest.  So I guess 
it's time for me to put in my two bits.  While I've seen a couple of references 
to ownership of the medical record, I havent seen anything definitive that 
defines it (e.g. patient, provider, legal custiodian of record, etc., or some 
combination).  It seems like this question needs to be clearly agreed on before 
issues of access can be identified.  (It also could be a partial solution to 
distinguishing between the terms EMR, EHR, EPR).  HIPAA aside, it seems that 
there may be some different legal issues about ownership that would also have 
implications for access.  Any thoughts?


  >>> "Bill Walton" <bill.walton at jstats.com> 04/28/03 12:32PM >>>

  Hi Sam,

  > > BW:  This is a really interesting problem space to me.  I've been 
studying HIPAA (the Health care Information Portability and Accountability Act) 
and have become fascinated with the discussion over how best to balance the 
needs of the various parties involved in the provision and payment of 
healthcare services so as to improve the quality and decrease the cost of 
health care here in the U.S..  Talk about a non-trivial problem!  
Interestingly, it looks to me like all the nonsense can be traced back to the 
health record and some fundamental questions about who owns it, who controls 
access to it, etc.  Thanks again for sharing.  Hope to hear from you soon.
   
  > > SH:  I agree - it is fascinating. Can I point you to our (original work 
on this - quite philosophical) which I wrote with Len Doyal - a professor of 
medical ethics in London. 
  http://www.chime.ucl.ac.uk/work-areas/ehrs/GEHR/Deliverables.htm#D8
   
  I hate to ask this, but is there one deliverable you could point me to that 
contains the philosophical stuff?  I'm up to my eyeballs right now and I can 
see there's a whole bunch of good stuff at the Chime site on GEHR that I'll 
have to get to asap.

  Thanks,
  Bill
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