Re: Bob Gellman and me

[James Love <love@tap.org>]

On Tue, 21 Nov 1995, Robert Gellman wrote:
> >      Sec. 202 (e) Disclosure for Payment. -- A health
> >      information trustee that receives protected health care
> >      information for purposes of authorization of payment
> >      may only use information for this purpose, and may not
> >      redisseminate the information to any third parties,
> >      including persons who seek information under sections
> >      204, 205, 206, 207, 208, 209, 210, 211 or 212 of this
> >      act.  Protected information received for purposes of
> >      payment authorization shall be removed or destroyed at
> >      the earliest opportunity once payment has been
> >      authorized.
> 
> 	Under this proposal, a patient cannot consent to the use of their 
> medical information for other purposes.
> This is the FIRST time that 
> anyone has proposed restricting how an individual can use or authorize 
> the use of their own records.


       this is silly.  the Americans for Disabilities Act restrict the 
right of employers to ask for general medical information before hiring 
someone.  Potential employers can't be asked to waive that restriction.

That's how the government limits requests for consent under coersion.  

       Once payment is authorized, people can give the insurance company 
anything they want.  jamie

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James Love, love@tap.org
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