CCHF President, Twila Brase, was published in the Pioneer Press on April 17, 2013 regarding legislation in the Minnesota House and Senate that would grant authority for DNA and personal medical information to be collected, stored and used for research WITHOUT individual consent. It has now been APPROVED by the Senate but still will need to be heard by the House before it can go to the Governor. Protect your Privacy! Sign the NoBiobank petition!
Unless the Administrative Law Judge chooses otherwise, the Minnesota public will be at the mercy of the Health Department's warehousing, data-mining, tracking, research and health care rationing agendas. Their private data will be warehoused in the State of Maine and placed online. They won't have had a choice—or a voice.
After our delivery in May 2004, citizen petitions continued to arrive at our office. We include these because we believe they were not part of the petitions you received last year. And like those delivered last year, we have placed them in a red binder.
IRS DEADLINE FOR PUBLIC COMMENT: May 2, 2013
Comment online: www.regulations.gov (IRS REG-148500-12)
Starting on page 8 of the 73-page proposed IRS rule to implement the mandate:
"[The federal health care reform law] provides that an individual is exempt for a month for which the individual lacks access to affordable minimum essential coverage...
Are you eligible for Obamacare? A mind-boggling flow chart for you and every family member from the National Association of Insurance Commissioners.
This diagram from the US Chamber of Commerce is directed toward businesses with questions about whether they will be financially penalized for their employee health insurance coverage options.
Diagram showing those states who have agreed to set up State Exchanges under Obamacare as compared to the "Free States" which have not and require the Federal Government to do so - which there is no appropriation to implement an exchange nor the ability to 'force cooperation'.
This document contains a sample of the various definitions of the terms “Fraud, Waste, and Abuse” from government agencies and health plans. There are more. The lack of a concrete definition in law should give pause as cost containment initiatives increase. Here are a few questions to consider:
How do you feel about Angelina Jolie's decision? On Monday, The New York Times published her opinion piece called, "My Medical Choice." Angelina, the popular 37-year-old actress, chose to have a double mastectomy. After three months of medical procedures to remove her breasts and perform reconstructive surgery with implants, she wrote about her prophylactic decision.
Will Obamacare Exchanges be ready? We hope not. The headline from an Exchange industry news article says, "Will HHS Stall Start of Federal Exchanges? Observers Say 'Yes,' 'No,' 'Wait Till Oct. 1" (5/2/13). There are 33 states that have refused to build (fund) a "state exchange," forcing the feds to build a "federal exchange" for them. That said, every state exchange is a federal exchange under federal control.
Tracking is a favorite federal activity. Two bills in Congress would create prescription-tracking systems, ostensibly to identify and locate counterfeit drugs: a bipartisan
Tonight is the final committee hearing on the MN Exchange bill before both the House and the Senate version head to the floor for votes. Please come tonight and be a strong presence in the room. Or if you can't come, send an email today asking all the committee members to vote NO on House File 5, the health insurance exchange bill.
Stop Obamacare! Protect our Freedom!
Rally in the MN Capitol Rotunda, St. Paul
Monday, February 11, 2013
2:30 pm - 3:30 pm
Contact for RSVP or questions: email@example.com or 651-646-8935
This page provides various letters, documents, and regulations specifically related to the creation of a Federal Exchange, also called a "Federally-Facilitated Exchange" (FFE).
The American Recovery and Reinvestment Act (ARRA) enacted comparative effective research, which is likely to lead to the rationing of healthcare services. In addition, the Health Information Technology for Economic and Clinical Health Act (HITECH) embedded within the recovery act provides 27 billion dollars to implement the National Health Information Network and requires doctors to use interoperable electronic medical records or face financial penalties.
Informational brochure on the impact of Obamacare on patient privacy.
This document, explaining the impact of the provider tax on cost of health care services, can be hung on the back of exam room doors, inserted as a double-sided poster in billing statements, framed at the front desk of the clinic, and provided as a handout in the waiting room. Phone numbers for contacting state officials are included on the second page. This document may be copied unaltered for noncommercial distribution and information purposes only.
Four months into the legislative session, and after many requests, the Minnesota Department of Health has provided the state legislature with a list of all the genetic information (biological specimens and health data) that they have been collecting, using, storing and disseminating without legislative authority or individual written consent -- as required by the Minnesota Genetic Privacy Act (M.S. 13.386). The list was provided shortly before a floor vote on April 18 to give MDH retrospective legal protection against MGPA violation lawsuits as well as prospective authority to collect, store, use and share any and all genetic information on individuals without the individual's consent, long into the future.
The FIRST PAGE includes data that the statutes allow. The SECOND AND THIRD page is DNA and data they've collected and used by making up their own rules. There may be a statute listed, but it doesn't give them express authority to do what they've been doing in violation of the law. HF 695 and SF 745 will protect them from lawsuits forever...and give MDH ownership claims to the DNA of citizens. PETITION: http://bit.ly/SayNoDNABiobank
Minnesota Legislation: Senate File 1/ House File 5
Adding Minnesotans to “the largest consolidation of personal data in the history of the republic” - USA TODAY
Governor Dayton is building President Obama's health insurance exchange (federal takeover center) without legislative authority. He issued an Executive Order on October 31, 2011 when the 2011 legislature did not pass a law to establish a state-run exchange. This page provides KEY DOCUMENTS from the battle between the legislature and the Governor over implementing Obamacare -- national health care -- in Minnesota.
The Minnesota healthcare exchange is not a marketplace. It is not, as some have called it, a “one-stop-shopping” place for health insurance or “Travelocity.” The MN Exchange, being built under DFL Governor Mark Dayton’s executive order, and now advancing through legislation, has been called the “Minnesota Insurance Marketplace.”
The $41 million contract between Maximus, Inc. and the State of Minnesota for the development of an ACA-compliant health insurance exchange includes several exhibits. EXHIBIT D is focused on data-sharing. The data to be shared by the State with the corporation is extensive. Maximus will create an Exchange that allows individual data to be shared with at least five federal agencies through the "federal data services hub."
Although there is no state legislative authority to create a government health insurance exchange as prescribed by Obamacare, the administration of Governor Mark Dayton is pushing forward using federal dollars to design and develop it. During the public comment (open mike) period of the first meeting of the MN Health Insurance Exchange Advisory Task Force, the Commissioner of Commerce refused to give CCHF's president a "yes" or "no" answer to her question about legislative authority.
Although the mandate to purchase health insurance under Obamacare was ruled by the U.S. Supreme Court to be unconstitutional, Chief Justice ruled that the Congress could tax citizens for inactivity -- for failing to purchase government-approved health insurance. State legislatures should now stand up under their 10th Amendment States' Rights authority to prohibit the taxation of their citizens by the IRS for failure to buy health insurance. NOTE: the requirement to register one's health insurance status with the federal government annually will create a national database unlike any ever before created. Every citizen must register every year with the IRS, whether they pay taxes or not.
State legislators, individuals are organizations can use this proposed legislation as a template for writing their own legislation to prohibit the implementation of a state-run, federally-run, or federally-facilitated health insurance exchange, as defined in sections 1311 and 1321 of Obamacare, the Patient Protection and Affordable Care Act (Public Laws 111-148 and 111-152). NOTE: The federal law does not require states to implement an exchange, and cannot force state legislatures to build a state-run exchange (unconstitutional commandeering), join in a federally-facilitated exchange (federally-run exchange with facade of state control), or share state data on individuals to allow the operation of a Federal Exchange run by HHS. For more model legislation, click here.
Advocates claim federally certified electronic health records (EHRs) will transform health care delivery in America. However, concerns include:
1. Computerized medical records give government health officials easy access to private details of the confidential patient-doctor relationship...
New CCHF chart showing the annual operating costs each state would have to pay to manage a state-managed, state-funded federal exchange under Obamacare. If you have data or information you believe to be an update from the data on the chart, please feel free to send it to CCHF with the url citation.
Use this list to contact your governor, asking him or her not to commit to any kind of Obamacare health insurance exchange. More information can be found here, including our 15 reasons to oppose the exchange.
The Minnesota Department of Health (MDH) will designate certain treatment protocols as the MN standard of care. At their own discretion, they will decide which protocols will be called “evidence-based” and approved for use. MDH will collect data on physician adherence to these government-issued protocols and publicly report compliance rates on their website. Physi- cians with low compliance rates may be financially penalized.
The so-called “Federal Medical Privacy Rule” (45 CFR Parts 160/164) —from the 1996 Health Insurance Portability and Accountability Act (HIPAA)—permits broad use and disclosure of individually-identifiable “protected health information” without patient consent. It is often referred to as the “HIPAA Privacy Rule” or just “HIPAA.” Minnesota’s medical privacy law (M.S. 144.335) more often requires patient consent before use and disclosure (see also M.S. 62J.55).
The federal HIPAA "Privacy" Rule allows broad use and disclosure of private medical records without patient consent. Specifically, no consent is required for 12 National Priority Purposes, including law enforcement and public health, or for Payment, Treatment and Health Care Operations. The definition of "Health Care Operations" is 390 words long.
As you know, according to Chapter 247 of Minnesota's Laws 2012, your department is required to report "any relevant patient privacy" recommendations from the heath records access study. We certainly expect to see such recommendations based on our comments and the comments of the general public in the upcoming report. In response to the three questions regarding consent, health records, notification of breaches and audit logs in the Minnesota Health Records Access Study, I provide the following comments on behalf of Citizens' Council for Health Freedom.
The MN Dept of Health wants your comments on patient consent before accessing private medical records, on having to inform patients about unauthorized access to medical records, and on whether patients should be able to see the electronic logs that show exactly who accessed their medical records, when, where, and why. You almost didn't get this opportunity. Deadline for Comments - Thursday, Dec. 20
Personal Data Required to Apply for Obamacare in ACA Exchanges
Exchange Coverage Application Form – Single Adult, Not Offered Employer Coverage
This is a list of all the data the MN Department of Health collects and how they use it.
Capital Asset Summary for the Dept. of Health and Human Services for the IT Data management and data warehouse information system that will function as " the perpetual central repository for capturing, aggregating, and analyzing information on health insurance coverage... The data warehouse is formally known as Multidimensional Insurance Data Analytics System (MIDAS) and is built on industry leading analytics, data warehousing and business intelligence (BI) technologies."
On September 21, CCHF President gave this speech at the Eagle Forum Council in St. Louis Missouri.
CCHF President, Twila Brase, joins Michael Cannon from the Cato Institute to speak out in opposition to establishing an Obamacare Health Insurance Exchange in Minnesota. The forum, titled, "Perspectives on Health Insurance Exchanges," was hosted by the Republican Health Care Task Force of the MN GOP at the State Capitol on November 3, 2011.
"The bill title says that this is a marketplace but according to the bill on line 2.21 the marketplace is created as a board ... Just the fact that we keep talking about a marketplace is problematic to our organization because it is actually a state board ... but the really big deal is to understand that it is the largest data sharing system in the history of this country and it will be the largest data sharing system in the history of this state."
Sent in: September 26, 2012 - This letter provides a summary of at least 15 reasons our organization supports the repeal of the health insurance exchanges provisions in the PPACA, the defunding of all exchange establishment and IT grants, the end of all funding for state, federal or federally-facilitated exchanges, the end of all funding for the Federal Data Services Hub, and ultimately, the repeal of the entire PPACA.
February 14, 2013 - The U.S. Senate Finance Committee was chaired by Senator Max Baucus (D-MT). On the hot seat was Gary Cohen, director of the Center for Consumer Information and Insurance Oversight (CCIIO, pronounced "see-CY-o"). This transcript is incomplete, but has a few complete dialogues under topics labeled by transcriber.
Minnesota is one 5 states furthest along in creating the exchange -- the federal takeover centers -- and could be number one, according to Minnesota state Rep. Steve Gottwalt (R) yesterday in a hearing on accepting federal exchange funding. Is Minnesota building the prototype for the nation -- all under Governor Mark Dayton's executive order? And what could that mean? One interesting fact, as pointed out by Gottwalt, is that Maximus, Inc, the exchange contractor, helped set up the single-payer system in two Canadian provinces. This document contains key statements at the hearing regarding Governor Dayton's authority to "go it alone."
Sen. Hann’s Floor Statements on Newborn Screening & Baby DNA Parent Consent Amendments to HF 2967