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Our May 2007 BioBank Forum explores issues pertaining to patient-related data. Who should have access to the data? Who should have control over how that data are used? Should health-related information discovered during research be passed back to the patient? Read our Forum participants’ views below, and share your thoughts by answering our poll question or by submitting your comments.

What Do Opinion Leaders Say?

 
While the current controls on patient privacy and communication in genomic research are well intentioned, the pendulum has swung too far in the direction of paternalism.

Genomic research has expanded at such a rate that new risk associations and traits are being discovered on almost a daily basis. The technologies driving this rapid and broad research growth are capable of providing, and often ...
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Genomic research has expanded at such a rate that new risk associations and traits are being discovered on almost a daily basis. The technologies driving this rapid and broad research growth are capable of providing, and often do provide, information on a particular study participant that is outside the scope of the investigation and the participant’s consent. Such information, however, could have substantial importance to that participant and his or her family, such as the detection of a gene variant that may increase their risk for some condition.

The current system, based on well-intentioned concerns for patient privacy and autonomy, severs researcher and participant by preventing researchers from communicating such relevant information, or any information for that matter, back to the individual study participant. If important findings arise, the researcher and IRB are presented with two unattractive options: communicate the findings to the whole cohort and raise undue alarm among participants to whom they do not apply, or violate participant anonymity. This framework also disenfranchises trial participants by preventing them from learning about their study results and from offering additional pertinent information.

My colleagues and I at Children’s Hospital Boston recently proposed an alternative research framework, the Informed Cohort (IC), which could eliminate these quandaries. This concept, presented in a paper in Science, reconnects researcher and participant by allowing researchers to communicate with participants without violating anonymity, while giving subjects control over both the types of information they submit and the information they receive.

This information control is accomplished through personally controlled health records (PCHRs). These Web-based medical records follow people from hospital to hospital, providing a longitudinal, life-long record of their medical information. IC participants can 1) control what information the researcher can access in the PCHR, and 2) anonymously “flag” their record for communication based on selected criteria. Communications from the researcher to the IC are “broadcast” to all participants, but only those who’s PCHRs are flagged for the kind the information contained will receive them. An IC Oversight Board reviews all communiqués to ensure that the findings are of sufficient importance for broadcast and that only flagged PCHRs will see them.

For the IC to be effective, participants must receive intensive, up-front education and counseling to ensure they understand:

  • How the system works
  • The kinds of information they can elect to provide
  • The kinds of communications they might receive—which could include requests for information from particular subsets of the IC, or notification of findings outside the original scope of the study that, according to the information in their PCHR and their communications preferences, may pertain to them
  • How to appropriately respond to communications from the study

With such support, though, I believe the IC framework could help alleviate many of the concerns regarding patient privacy and autonomy currently raised by IRBs when considering genomics protocols and empower participants to decide if and when they want to know their own genomic results.

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Isaac S. Kohane, M.D., Ph.D.
Associate Professor of Pediatrics and Health Sciences and Technology, Harvard Medical School
Director, Children's Hospital Informatics Program

When it comes to the question of who “owns” a patient’s clinical or genomic data, it’s my opinion that our construct for what constitutes “ownership” doesn’t have a correlate with respect to patient data and health information.

Should the patient have certain alienable rights with respect to the governance and controls of his health information? Absolutely. Are there certain things a patient shouldn’t be able to do that you would normally think of a ...
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Should the patient have certain alienable rights with respect to the governance and controls of his health information? Absolutely. Are there certain things a patient shouldn’t be able to do that you would normally think of as an owner’s right? Yes. Most people would agree that a patient should not have the ability to remove important medical information from his history. So the question of who “owns” the data may not be the exact question we need to ask. What’s at stake more than anything else is the question of whether the patient should be able to control who has access to that information and who does not.

As the healthcare system becomes more and more patient centric, the patient will necessarily have markedly more influence over his health data. It is my personal belief that the patient should be in control of who sees his data and over how it is used. This is particularly true of genomic data in which it not only uniquely identifies the person, but conveys information about that person’s family members. But we have to recognize that people will want to have different levels of discretion over decisions about who should have access to this data. Some people will not have the capabilities or desire to make such decisions, and for them a default level of access can be set. Others will want to review use of their information on a case-by-case basis and decide how their information is used.

The question of whether or not a research entity should notify patients of health-related information discovered during research on donated samples brings up issues that have no precedent in health care. Again, the key principle is that there should be no one-size-fits-all, so patients need to decide this differently for themselves. The key to this is a new approach to the informed consent process. Today’s informed consent has become a perfunctory activity, aimed at risk reduction as opposed to presenting patients with options and choices. I am a proponent of an opt-in/opt-out system in which we present options to the patient in advance, e.g., do you want to donate your sample without restriction; do you want to know what’s discovered from research on your sample; do you want this information reported to others. It is the patient who will bear the consequences of the decisions, so let’s allow them to decide. This may be a barrier to good science, but we can’t harm public good in one area in order to create public good elsewhere.

Information technology will be a key enabler in making the consent process more responsive and customized, making it possible to keep track of which tissue is from which patient, what information that patient wants back, and who can have access to that information. It’s my belief that if UPS can keep track of millions of packages in real time at every point in transit, we can keep track of a patient’s sample, and his consent decisions that are associated with it.

Addressing how we let consumers decide how far they can go in managing access to their health information challenges current policy. Current policies tend to be based on an era that was dominated by paper. We have not adapted these policies to align with the digital era of medicine. HIPAA and some of the state laws provide a basic framework, but we need to recognize that the world has changed – what used to be adequate has now become incomplete in the digital era. One group that I established as National Coordinator, the Health Information Security and Privacy Collaboration (HISPC), is looking at privacy and security issues related to electronic health information exchange and the creation of a national health information network. In the coming weeks, they will be releasing findings of a two-year investigation between federal government and 43 states looking at their privacy rules.

As the healthcare field becomes “networked” in this post-genomic age, health information will be generated and distributed at an increasingly fast pace. The health record won’t be a database, but a streaming set of life situations, exposures, metabolic responses, preventions and treatments. One key area that we need to focus on is the importance of bringing the physician into the loop. Our vast and impressive scientific discoveries don’t matter if they aren’t known by or useful to physicians in practice – not only about what discoveries are taking place, but more importantly, how these discoveries translate to what a physician should do differently. We know how to prevent and cure numerous illnesses and mitigate many others. We just don’t know how to translate this into real health status for the American population.

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David J. Brailer, M.D., Ph.D.
Founder, Health Evolution Partners
Former National Coordinator for Health Information Technology, Department of Health and Human Services

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Q: Should patients have control over how research data from their specimen are used?




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