Patient Privacy

 

 

 

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 390 words long.

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

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.

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.

EBM: How Technocrats are Taking Over the Practice of Medicine

Looming on the visible horizon of American health care is  new attempt to control the practice of medicine and limit—indeed ration—patient access to health care services. While doctors often refer to it as "cookbook medicine," this quickly advancing strategy is best known by the name "evidence-based medicine" (EBM).

"Big Government" in Your Medicine Cabinet?!

Health department's legal authority to collect private medical data remains intact

Although the Minnesota Department of Health has today withdrawn the proposed rule to collect patient medical record data without patient consent, the public should not be relieved. So says Citizens' Council on Health Care, the Minnesota health care policy organization who has long opposed this plan.