The Privacy of Medical Records

 Excellent!   EPIC's web page about Medical Privacy.  What's In Your Medical Records?  Besides information about physical health, these records may include information about family relationships, sexual behavior, substance abuse, and even the private thoughts and feelings that come with psychotherapy.  This information is often keyed to a social security number.  Because of a lack of consistent privacy protection in the use of Social Security Numbers, the information may be easily accessible.  Information from your medical records may influence your credit, admission to educational institutions, and employment.  It may also affect your ability to get health insurance, or the rates you pay for coverage.

What Privacy?  The federal medical privacy rule went into effect on April 14, 2003.  It gives us no reason to celebrate.

The Assault on Freedom, Federalism, and Privacy:  There always have been busybody neighbors, dumpster-diving thieves, and intrusive journalists, but protecting personal privacy has become even more important in the computer age.  Threats come from all quarters. … However, sometimes the gravest threat to privacy and our liberties comes not from thieves but from government officials who claimed that their "need to know" trumps the individual right to be left alone.

Doc, what's up with snooping?  I send my daughter to the pediatrician to find out if she's fit to play lacrosse, and the doctor spends her time trying to find out if her mom and I are drunk, drug-addicted sex criminals.  We're not alone, either.  Thanks to guidelines issued by the American Academy of Pediatrics and supported by the commonwealth, doctors across Massachusetts are interrogating our kids about mom and dad's "bad" behavior.  We used to be proud parents.  Now, thanks to the AAP, we're "persons of interest."

Government Unveils Privacy Standards.  The government Thursday [2/13/2003] issued standards health insurers and other entities must abide by to protect the privacy of electronically transmitted health data, but consumer advocates said the provisions would do little to ensure patient confidentiality.

HHS "Privacy" Standards: The Coming Destruction of American Medical Privacy

Drug histories exposed.  An investigation by The Harvard Crimson was reported in that newspaper on 1/21/2005, noting that a Harvard University website, iCommons Poll Tool, for months had contained confidential information on the drug purchase history of students and employees that was easily accessible to outsiders.

Why Rush Limbaugh's Medical File Matters.  Why should we care that Rush Limbaugh's medical records might be exposed during a trial for doctor shopping?  Because once his records are revealed, our medical records as well as those for every patient in every physician are at risk.  When this happens, your friends, relatives, employers and health insurers are going to know things about you that are simply not their business.

Big Brother Knows Your Medications.  A little-known federal program requires pharmacists to report patients' names, their prescriptions, the amount of the medication they receive and the names of their doctors.  In 17 states, police have access to that data.

How the Press Distorts "Privacy"The establishment press is ballyhooing a recent Clinton-and-Bush regulation as protecting the privacy of patients' medical records.  Actually, the rule does the opposite.

Privacy Advocates Clash With Administration Over New Rules:  At issue are changes to the Clinton-era health care privacy rule proposed by the Bush administration that would allow health care providers to use or disclose, without patient consent, medical records for purposes of treatment, payment, or "health care operations."

Part 1 of 6: Medical "Privacy" Regulations Destroy Privacy:  Federal privacy regulations issued by the Clinton administration on Dec. 28, 2000, and adopted by the Bush administration on April 14, 2001, perpetrate a fraud on the American people, proclaiming privacy as their goal when ever-wider access to individual medical records is their actual and intended effect.

Part 2: Medical "Privacy" Rules Advance a National ID:  Why should ordinary people bother to read the medical privacy rules anyway?  Media and government sources continue to assert the benign nature of the new regulations, which are said to promise cost savings through database standardization along with protection of people's medical privacy.  Why be concerned?

Part 3: Media and Feds Whitewash Invasive Medical "Privacy" Rules:  For those who have learned about the federal medical privacy rules through the popular media, the benefit would seem clear.  Indeed, it is difficult to find in the popular press any report that questions the strength of these privacy protections or suggests their privacy-eroding impact.

Part 4:  'Privacy' Rules Spread Your Personal Medical Information:  A provision that facilitates virtually unfettered sharing of our medical information between government agencies is tucked away on page 21 of the HHS regulation's fine print.  This provision allows certain government health plans, such as Medicare or the State Children's Health Insurance Programs (SCHIP), to disclose individually identifiable medical records to other government agencies without patient consent.

Part 5:  How Big Brother Foists Invasive Regulations on the Public:  The only way these regulations might restore such trust is if government officials make sure that people do not understand the rule's actual content.

Part 6:  One Final Hope for Saving Medical Privacy:  The outlook for medical privacy is bleak. When the Bush administration allowed the medical privacy rule to take effect, privacy advocates expressed hope that the rule's fundamental problems might be remedied by future modifications of offending provisions, but such melioration now appears unlikely. Although some revisions are to be expected, it is highly doubtful that the basic structure of the regulation will change — at least not at the government's own initiative.

Feds OK Spreading Medical Records Without Written Permission:  The government's attack on medical privacy has taken a new twist:  Hospitals and doctors can share private information about a patient's health with HMOs and insurance companies without the patient's permission, the Bush administration said today. [Aug. 9]

Medical Hoax Slips Big Brother Into Your Private Business:  Hillarycare is coming through the back door.  By the time you know it's there, it will be too late to stop it.  Your confidential medical records will be public knowledge.  In the next few years, it is going to become increasingly simple to transfer electronic medical records over the Internet.

What Americans Need To Know About Medical Privacy Regulations:  Did you know that the federal government is going to change the rules governing who has access to your medical records?  These changes will make it easier for a wide range of individuals and groups to access your medical information.

Trojan Horse Legislation:  Given that the existing system works so well, why do we need a new one?  The answer is that what Colorado doesn't have, and what the proponents of nationalized health care need, is a law letting the state collect and store individual health information on each of its citizens.  To sneak such legislation past a population that has already said no to government-controlled health care, its proponents routinely disguise their proposals as measures designed to help immunize The Children.

How to Protect Your Medical Privacy:  That privacy in the U.S. is a joke is rapidly becoming the consensus.  But there are specific steps you can take to protect your confidential information, particularly your medical records.  Well over half of the American people believe their private records, especially those containing medical information, are widely shared by many who have no business having access to them.

Federal "Privacy" Rules Could Kill You.  When you have a medical emergency, you may end up with the worst of both worlds:  Your doctor won't be able to treat you without a federally approved consent form, and your personal medical history will be available to the government.

Rep. Paul Joins Fight Against Bogus 'Privacy' Rules:  Congressman Ron Paul, a surgeon who knows the ins and outs of the health care profession, agrees with the longstanding position that rules are, in a word, bogus.

Forbes Magazine:  New Medical Rules Violate Privacy:  Forbes magazine reports that new federal rule changes relating to your medical records is a "prescription for snooping by government officials and others" and "will only open more files to unwarranted view."

Jail Awaits 'Privacy' Rule ViolatorsThose daring to buck the federal government's new medical-records "privacy" regulation could be denied health care, pay heavy fines or even go to prison.

Privacy Invasions Spread to the StatesThe federal government's medical "privacy" fiasco may now be spreading to the state governments.

"Privacy" Rules Open Door to Socialized Medicine The open sesame to American socialized medicine is not the reviled Unique Personal Identifier but the "privacy protection" lock that will make that key inevitable.  Behind that supposedly secure lock is an electronic national data collection of Americans' personal medical records, resulting from a presidential order imposing a complex web of misnamed "privacy" regulations.  John Perry explains why the new 'privacy' rules backdoor socialized medicine by requiring all Americans to be assigned a health identification number called a UPI -- Unique Patient Identifier. By dog-tagging every American, the government will be able to monitor and control every person's medical records from birth to death.

The Hoax That Keeps On HoaxingBill Clinton's regulation purporting to protect everyone's medical privacy may well be his crowning masterpiece of political legerdemain, the ultimate hoaxer's ultimate hoax.

Asking your doctor about medical privacy may be hazardous to your healthDenial of health care, perhaps leading to death, may be in store for you if you're not careful when talking to your doctor about the government's pending 1,500-page rule on medical privacy.  It is an extremely sensitive subject with health care providers.  They are upset as it is about the cost of implementing it.  And some of them may go nearly over the edge when hearing complaints about the rule's threat to privacy.  They see pro-privacy efforts as possibly making the rule all the more costly.

Pressure to Make Medical Records Even More AccessibleThe rule, proposed in the final days of the Clinton administration, would require doctors, hospitals, HMOs, druggists and other health care providers to share patients' personal medical records, sometimes without notice or advanced warning.

Paul to stall privacy rulesCritics say new rules worsen medical records requirements.

Federal Rule:  Your Medical Records to Be SharedA key part of Hillary Clinton's original health care plan that would have allowed third parties to collect your private medical data and records may become federal law in a matter of weeks.

Health technology bill could weaken privacy.  A measure currently under consideration in the House could weaken medical privacy by granting the federal government authority to preempt state laws, according to critics of the bill.

Medical Microchips — Risk and Uncertainty.  It is a sad reality that many federal laws result in unintended consequences for the public which must abide by them.  Such has been the fate of the much-touted Health Insurance Portability and Accountability Act (HIPAA), a law so cumbersome it took the Department of Health and Human Services almost seven years to figure out how to implement it.  The most significant unintended results of HIPAA have occurred in the area of medical privacy.

Will "Health Chips" Be Required for Medical Care?  President Bush's former health secretary Tommy Thompson is putting the final touches to a plan that could result in US citizens having a radio frequency identification (RFID) chip inserted under their skin….  The RFID capsules would be linked to a computerized database being created by the US Department of Health to store and manage the nation's health records.

More information about RFID chips.



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