Bush administration challenges healthcare disclosure bid
Though the president has advocated more help for consumers making medical decisions, the government is appealing a court ruling that would allow records disclosures that could be used to rate doctors.
WASHINGTON — Although President Bush has repeatedly called for helping consumers make better decisions about healthcare, his administration is appealing a groundbreaking court ruling that would have permitted disclosure of Medicare billing records so patients could compare individual doctors' expertise and efficiency.
Release of such information is advocated by consumer groups, employers and the health insurance industry, but opposed by organizations representing doctors. Consumer and business groups said they were disappointed by the Bush administration appeal, while the American Medical Assn. has petitioned to join it.
With information on more than 40 million patients and 700,000 doctors, the Medicare claims database is considered the mother lode of healthcare data, richer than the computer banks of big insurers. It could reveal, for example, how often a doctor has performed a given procedure -- such as knee surgery or cardiac catheterization -- a statistic considered a key indicator of how good a physician is likely to be.
But release of such details has been limited by government policy, based partly on a 1970s court ruling that sought to protect the privacy of doctors' financial information.
In the current case, a group called Consumers' Checkbook sued the government for data on doctors in four states and Washington, D.C.
Last summer, U.S. District Court Judge Emmet G. Sullivan ruled that the 1970s decision addressed a different set of facts and therefore did not apply to the consumer group's request. Sullivan ordered the administration to release the data, saying they would provide "a significant public benefit."
The government filed its appeal with little fanfare this week in the U.S. Court of Appeals here.
In an unusual statement, the Health and Human Services Department endorsed the objectives of the consumer group that is suing, but said it wants a higher court to clarify the different lower court rulings.
"We're caught between court decisions," said Christina Pearson, a spokeswoman for the department. "There's conflicting information from different courts, so we're pushing to get clarity."
But the government's legal brief in the case calls for the appeals court to reverse Sullivan's ruling, leaving the restrictions on the release of data in place.
