Patient Privacy

Identification Numbers and Data Systems

Health Care Identifiers and Data Systems

Government Surveillance

Health Care Surveillance and Medical Research

Patient and Medical Confidentiality

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.

Attorney's Minority Report to MN Genetic Info Report

CCHC Submits Genetic Information Minority Report

In response to the “2009 Genetic Information Report – DRAFT Version Two,” this report was submitted to Commissioner Dana Badgerow, Minnesota Department of Administration by Twila Brase, RN, PHN, Member of the Minnesota Genetic Information Work Group and President of Citizens’ Council on Health Care, January 2009

Analysis of Plan to Abolish State Medical Privacy Laws - HR 4157

“This legislation will make sure the national health IT coordinator’s post is a permanent one, and it will overcome some of the key obstacles that have slowed our progress toward adoption of a national, interoperable electronic system” (Rep. Nancy Johnson, Press Release, October 27, 2005).

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 ~400 words long.

Why Patient Consent Should be Required for the Governor's Genetic Research Proposal