Federal Lawsuit News As many of you know, Patient Privacy Rights has supported a federal lawsuit to try to return to the Original Privacy Rule which would give patients back the right to give permission before their medical records could be seen or used. Plaintiffs took the case all the way to the Supreme Court. Unfortunately, the Supreme Court declined to hear the case. (Read story.) Now, this means we have to work even harder to try to put privacy into health information technology bills before Congress. Stay tuned - we'll be asking for your help.
Legislative Update: Health IT bill stalled The U.S. Senate and House of Representatives was unable to reach an agreement on HR 4157 before recessing for the mid-term elections, keeping alive the opportunity to restore patient privacy rights. The two main issues blocking agreement are patient privacy issues and internal healthcare coding standards.
Throughout the Conference Committee, Patient Privacy Rights and the Coalition for Patient Privacy encouraged legislators to include Patient Privacy Amendments in the bill. Over the recess, we will continue to educate legislators about the critical need to restore patient privacy. Look for an "Action Alert" when the legislators return in November following the elections to send a strong call for restoring Americans' medical privacy.
Blue Cross Blue Shield Database Allows Employers, Drug Companies & Others to Snoop through Patient Records On August 4, 2006, Blue Cross and Blue Shield announced the creation of Blue Health Intelligence (BHI), a database comprised of claims and health information from 79 million plan enrollees that will be made available to employers, drug companies, device manufacturers, and other corporations.
``This move by the Blues reveals what Americans can expect from an electronic health system because they no longer have the right to control access to their medical records. Their sensitive health records will be used for corporate profits and in ways that can directly harm them,'' said Deborah C. Peel, MD, founder and chair of Patient Privacy Rights.
See the full list of BCBS plans participating in this program and read the Patient Privacy Rights press release.
Patient Privacy News Recent articles published around the country document the inadequacy of patient privacy protections. To see a full list of articles, visit our News Stories page.
Medical Privacy Case Rejected, October 2, 2006, Seattle Post-Intelligencer Your Privacy for Sale, October 1, 2006, Consumer Reports Health care firm loses data - Stolen laptop had personal information on 51,000 patients; company says data is password protected, August 17, 2006, Sarasota Herald-Tribune CIA-backed investment stirs health privacy fears, August 14, 2006, Federal Computer Week, Bob Brewin Lax Privacy Violations Enforcement Makes HIPAA Toothless In the three years since the enforcement provisions of the HIPAA Privacy Rule went into effect, more than 21,000 complaints alleging privacy violations have been filed with the Office for Civil Rights at HHS. Yet only 2 criminal cases have been filed and NO fines have been assessed in response to any of those complaints.
Congress' intent in passing the HIPAA statute in 1996 was to create strong protections for patients' privacy. Yet ten years later, patients' most sensitive information is more exposed and vulnerable than ever before. Lax enforcement, inadequate penalty provisions and HHS amendments in 2002 turned HIPAA into an act that allows patients' most sensitive information to be shared without their permission and without penalty for improper use.
Read news articles on Lax HIPAA Violations Enforcement:
Medical Privacy Law Nets No Fines - Lax Enforcement Puts Patients' Files At Risk, Critics Say, Monday, June 5, 2006, Washington Post, Rob Stein HIPAA privacy enforcement: In one way, it's a zero-sum game, August 17, 2006, modernhealthcare.com, Joseph Conn Stay Tuned As you can see, it's critical that we build iron-clad privacy protections into electronic healthcare technology NOW! When Congress returns in November, we'll be asking you to contact your representative. Until then, please sign our e-Petition, saying ``I Want My Medical Privacy!'' If you've already signed the petition, please forward this email to a friend, and ask them to sign it!
Senators' mailing and e-mail addresses are available on their caucus Internet pages. The Democratic Web site is www.pasenate.com The Republican Senate Web site is www.pasenategop.com