Managed Care, Medical Privacy, and the Paradigm of Consent

Abstract

The market success of managed health plans in the 1990s is bringing to medicine the easy availability of electronically stored information that is characteristic of the securities and consumer credit industries. Protection for medical confidentiality, however, has not kept pace with this information revolution. Employers, the managed care industry, and legal and ethics commentators frequently look to the concept of informed consent to justify particular uses of health information, but the elastic use of informed consent as a way of responding to managed health plans' disclosure of information to third parties fails to address underlying questions involving substantive value choices.