[twila at cchc-mn.org: RELEASE: Privacy Rule Not Complete]
declan at well.com
declan at well.com
Fri Apr 13 08:22:00 PDT 2001
----- Forwarded message from Twila Brase <twila at cchc-mn.org> -----
PRESS RELEASE
For Immediate Release
April 13, 2001
======================================
Citizens' Council on Health Care
1954 University Ave. W., Suite 8
St. Paul, MN 55104
http://www.cchc-mn.org
=============================
CONTACT:
Twila Brase, R.N., President
651-646-8935p
=============================
Privacy Rule Not Complete
St. Paul, Minnesota--While some privacy advocates are cheering
the Bush Administration's decision to move ahead with the
privacy rule, other groups say the rule contains less privacy
than meets the eye.
"We are pleased that the concept of patient consent has been
retained by the Bush Administration, however, the rule still
allows government officials and law enforcement to access medical
records without patient consent or a search warrant." says Twila
Brase, R.N., President of Minnesota-based Citizens' Council on
Health Care (CCHC).
FEDERAL LICENSE TO INTRUDE
Little attention has been focused on the section of the rule which
provides disclosures without authorization. The rule allows health
care professionals, health plans, hospitals, and data clearinghouses
to disclose medical data without patient consent to law enforcement
agents, public health agencies, public policy and medical researchers,
government officials, and other groups, such as organ transplant
organizations. There is no requirement to comply with requests for
disclosure, however, disclosure without consent is specifically
permitted.
"The rule provides a federal license to intrude. It permits keepers
of patient data to disclose confidential information without patient
consent for public health purposes, police investigations, and medical
and policy research" says Brase. She says the result of this will be:
* more individuals and groups claiming to be involved in public
policy and medical research gaining access to medical records.
* centralized and nationally linked patient databases built by
state and federal government officials.
* dismissal of citizens' Fourth Amendment protections against
search and seizure without a search warrant.
The rule also gives the U.S. Department of Health and Human Services
(HHS) full access to medical records to enforce the provisions of the
privacy rule.
"What everyone seems to have missed in this privacy rule is that
to a certain extent, private medical records have just been deemed
public property." Brase asserts.
GOVERNMENT OFFICIALS CAN SHARE DATA
Brase says the patient consent requirements should extend to all
access and disclosures of medical records. If law enforcement cannot
get consent, they should be required to get a court order or a
search warrant prior to access, she says. Brase points out that once
government and law enforcement officials have the data, there is no
requirement for them to follow the rule: "There's nothing in the
rule to keep government officials from sharing, linking, trading,
transferring or selling the data if they so choose."
CHANGES TO BE MADE
HHS will be making revisions to the rule for the next 12 months, a
period in which CCHC hopes that government access will be trimmed by
patient consent and search warrant requirements.
"Goverment access is a huge loophole in the privacy rule. Either
patient privacy is protected or it is not. There can be no half loaf
of privacy, because once the data is out, it can go anywhere,"
Brase asserts.
###
Citizens' Council on Health Care is a non-profit health care policy
organization located in St. Paul, Minnesota.
*************************************************************
A citizens resource for designing the future of health care
*************************************************************
Citizens' Council on Health Care
1954 University Ave.W., Suite 8
St. Paul, MN 55104
651-646-8935 phone
651-646-0100 fax
http://www.cchc-mn.org
**************************
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Thank you.
----- End forwarded message -----
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