Medical Records

Citizens Protest MN Health Department's Medical Records Grab

Minnesota citizens filled a meeting room front to back at the Minnesota Department of Health to provide input and comment on the Department’s plan to claim ownership of private medical records data, send the data to a data warehouse in Maine, and use the data rank physicians and hospitals according to the Department’s definition of “quality.” Insurers will then be required by law to steer patients to only those providers who rank as “high quality, low cost.”

MN Health Dept Comments on State's Genetic Info Report

Specifically, a Tennessen Warning requirement [to tell individual how their data would be used by the Dept., whether they have to provide it, etc.] would not be workable for the reporting of communicable diseases or related specimens or for the collection of many other types of public health data or specimens. There may be other privacy protections or some sort of modified Tennessen Warning, but they would have to be tailored to balance MDH's responsibility to protect public health with the individual's privacy. The goal would be to maximize public health protections while minimizing any intrusion on personal privacy.

A Critical Analysis of Proposed 'Newborn Screening Saves Lives Act of 2007'

Genetic privacy, parent consent and individual self-determination rights are at stake with the U.S. Senate’s recent passage of S. 1858, the ‘Newborn Screening Saves Lives Act of 2007.’ This paper outlines five key issues of concern.

Conformance with HIPAA "Privacy" Rule Will Undo MN Medical Privacy Laws and Consent Requirements

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).

HIPAA Definitions: Treatment, Payment and Health Care Operations

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.

Questions to Ask - Mayo/Univ. of Minn. Genetic Research Plan

People may not understand…that tissue samples they provide may be used for genetic research…They may believe that samples will be discarded after testing, although the law often requires that samples be retained. When samples are obtained as part of medical care, patients may not be told about the possibility that these samples will be stored and used for research.

What Consent? - MN's Medical & Genetic Research Law

Minnesota state law denies most consent rights for patients regarding use of their individually-identifiable medical records for medical research. UPDATE: Until the Minnesota Genetic Privacy Act passed in 2006, Minnesota law was silent on collection, storage use and dissemination of genetic information for genetic research. States are not preempted by federal law from passing stronger, more privacy-protecting laws.

ACTION ALERT! U.S. Government Plans National Medical Records Information System

CCHC Opposes Proposed "National Health Information Network"

The HHS notice states, “Regardless of how it is developed, overseen or operated, there is a compelling public interest for a NHIN to exist.” This claim does not stand up to scrutiny. Nor is it supported by any documentation. There is no evidence that the public is asking for a national electronic medical records system that will facilitate the sharing and dissemination of their private medical records.

Access to Medical Records in Minnesota

This notice explains the rights you have to access your health record, and when certain information in your health record can be released without your consent. This notice does not change any protections you have under the law.