When we go to the doctor, we assume that information we want kept private will remain so. But, in recent years, the General Assembly has carved more and more holes in this right to privacy allowing for disclosure of personal and private information in our most vulnerable moments. A recent proposal would allow doctors virtually unbridled authority to disclose a person's addiction status in the case of an overdose, even if the person is stable and able to make medical decisions and has expressed their desire that such information remain private. In May, the ACLU testified that, while the legislation is well-intentioned, "this broad exemption not only undermines a patient’s agency and the key principle of patient-doctor confidentiality, it may create situations that only imperil or exacerbate family dynamics. Further, once this exemption is popularized and known to be used, it could discourage some individuals with addictions from going to the emergency room for fear of having their medical situation disclosed to people they do not want to know about it."
The ACLU further noted that such disclosure may conflict with confidentiality provisions in federal law, and that confusion as to what disclosure is permissable may result in doctors unintentionally violating the law. The ACLU urged deletion of this provision. The Senate sent the legislation back to committee in May, but it reemerged without addressing the ACLU's concerns.
