M.A.K. v. Rush-Presbyterian-St. Luke's Medical Center

I agree with Justice Freeman’s analysis of the regulation requiring a “general designation of the program or person” and reject the majority’s interpretation of this provision. See 42 C.F.R. § 2.31(a)(1) (2000). In addition, I note that the comments to the amendments emphasize the flexibility for patients in defining the scope of their consent. Under the amendments, patients may now use a single form to consent to the disclosure of records from a single named program or from only certain kinds of programs. 52 Fed. Reg. 21,796, 21,799 (June 9, 1987). ■“ ‘This change will permit a patient to…