| AAPS has helped to postpone the
Clinton administration’s leftover medical
“privacy” regulations, originally scheduled to be
implemented on Feb. 26, that would give the federal
government unprecedented access to our personal medical
records.
Thanks to your responses, we created
such a groundswell of opposition that actually shut
down the email server at the Department of Health and
Human Services.
BUT WE HAVEN’T WON THE WAR YET!
HHS Secretary Thompson has extended
the public comment period through March 30, 2001, and
will decide by April 14 whether the rules will go into
effect. We must show how much the public opposes these
rules.
WHY THESE RULES MUST BE SCRAPPED!
Masquerading as “medical privacy
protection,” these rules were written to fulfill the
“Administrative Simplification” section of the
Health Insurance Portability and Accountability Act of
1996. “Administrative simplification” is a concept
and term carried over from Hillary’s Health Care Task
Force and the failed ClintonCare plan for government
control of medicine and medical records.
This 1,500 page document is a direct
result of the Clinton view that the government should
control every aspect of our medical care. Touted as
protecting patient privacy, it would actually compromise
our privacy. Further, the regulations are so confusing
that no one knows what are the ultimate results, and the
final decisions would be handed off to the Office of
Civil Rights. So whatever the lawyers in that office
decree as your right to medical privacy would be the
final word. Privacy would be out of your control and at
serious risk.
- The rules create a massive federal
mandate that requires every doctors to share
patients’ records with the federal government,
without patient consent -- whether you pay for
services yourself or not. That includes handwritten
notes and psychiatric records.
- Patients have no recourse for
breaches of medical privacy other than the right to
complain. If a judgment is entered against a
violator, the government, not the patient, is paid
the fine.
- The regulations may prevent doctors
from informing parents of the specifics of their
child’s medical condition
- Patients may be refused medical
treatment if they won’t give consent to health
care providers to divulge their medical records to
any parties. Doctors can be fined for refusing to
provide records.
- Every person will be assigned a
“unique patient identifier” to track medical
history from birth to death that could be
incorporated into a national ID card along with
genetic information.
- Law enforcement agencies will have
unrestricted access to all records -- including
notes about drug use, family situation and
activities.
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