[Med-privacy] WorldNetDaily: Group sues feds over medical privacy
DPeelMD@aol.com
DPeelMD@aol.com
Fri, 12 Sep 2003 01:03:37 EDT
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=20
YOUR PAPERS, PLEASE ...
Doctors, patients, advocates claim new rules 'threaten essential liberties'
Posted: September 6, 2003
1:00 a.m. Eastern
By Jon Dougherty
=C2=A9 2003 WorldNetDaily.com=20
A group consisting of patients, doctors and privacy advocates has filed suit=
=20
in federal court charging a new government rule actually "eliminates the rig=
ht=20
to privacy" of past and future communications between doctor and patient.=20
In papers filed in U.S. district court in Philadelphia, the group =E2=80=93=20=
Citizens=20
for Health, represented by Washington, D.C. lawyer James Pyles =E2=80=93 acc=
uses "the=20
federal government of ignoring overwhelming public opinion to prevent the=20
widespread use of medical records and instead implemented new regulations th=
at=20
threaten essential liberties guaranteed by the Constitution."=20
Specifically, the group alleges the new rule, which was implemented under th=
e=20
Health Insurance Portability and Accountability Act, or HIPAA, of 1996,=20
eliminates medical privacy and "jeopardizes the privacy of past and future=20
communications between patients and their physicians."=20
Under the rule, which was implemented by Health and Human Services Secretary=
=20
Tommy Thompson April 14, "virtually all personal health information about=20
every aspect of an individual's life can be used and disclosed routinely wit=
hout=20
notice, without the individual's consent and against his or her will," the=20
group said in a statement.=20
Some of the allegations mirror findings by the General Accounting Office,=20
Congress' watchdog agency, which <A HREF=3D"http://www.worldnetdaily.com/new=
s/article.asp?ARTICLE_ID=3D34036">reported in July</A> the federal governmen=
t could=20
not guarantee patients' medical privacy.=20
The GAO report found that of 25 federal agencies, compliance with Privacy Ac=
t=20
requirements and those of the Office of Management and Budget =E2=80=93 whic=
h=20
oversees implementation of the act =E2=80=93 was "uneven." "As a result of t=
his uneven=20
compliance, the government cannot adequately assure the public that all legi=
slated=20
individual privacy rights are being protected," said the agency.=20
The privacy rule, which was under consideration during the Clinton=20
administration, <A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ART=
ICLE_ID=3D15133">has been routinely criticized by health advocates as being=20=
too revealing=20
of privacy, not protective of it.</A> But that's a charge the government has=
just=20
as regularly denied. "From the time of Hippocrates, privacy in medical care=20
has been of prime importance to patients and to the medical profession,"=20
Thompson said.=20
As electronic data transmission is becoming ingrained in our health-care=20
system, we have new challenges to insure that medical privacy is secured. Wh=
ile=20
many states have enacted laws giving differing degrees of protection, there=20=
has=20
never before been a federal standard defining and ensuring medical privacy,"=
=20
he continued. "Now new federal standards are coming into force to protect th=
e=20
personal health information of every American patient."=20
But critics say the government's standards aren't the problem. Rather, they=20
say the problem is medical records are now much too easy to access by a=20
multitude of third parties. Indeed, says the group, Health and Human Service=
s' "own=20
findings show that the rules affect the medical privacy rights of 'virtually=
=20
every American,' and allows more than '600,000 entities' access to their rec=
ords=20
=E2=80=A6" That list includes insurance companies, banks, employers, and law=
=20
enforcement agencies.=20
Pyles initially filed suit in April, but Thursday's filing is for summary=20
judgment. In court documents he alleged "that HHS changed the privacy=20
requirement, even though the agency officials had received thousands of comm=
ents from=20
citizens urging them to preserve their rights." "Further," he argued, "the=20
amended privacy rule provides no opportunity or mechanism for individuals to=
object=20
or refuse to have their personal health information used and disclosed for=20
routine purposes repeatedly."=20
Kathyrn Serkes, public affairs counsel for the <A HREF=3D"http://www.aapsonl=
ine.org/">American Association of=20
Physicians and Surgeons</A>, said the new rules are so invasive patients wil=
l need=20
"Miranda warnings" before answering medical questions. "While masquerading a=
s=20
patient protection, the rules would actually eliminate any last shred of=20
confidentiality and risk lives," Serkes said.=20
"The frontline defense for medical privacy always has been the patient's=20
right to give or withhold consent to how his records are used and who sees t=
hem.=20
These rules throw that out the window." Pyles represents 10 national and sta=
te=20
associations, seven individuals and two "interveners," as well as 750,000=20
members of the associations.=20
Among them, Dr. Deborah Peel =E2=80=93 an Austin, Texas psychiatrist who has=
=20
testified before Congress on the issue of medical privacy =E2=80=93 says Ame=
ricans should be=20
concerned about the manner in which their rights were disregarded and their=20
opinions discounted. "The 'HIPAA privacy rule' was turned into a massive=20
'disclosure rule,'" she said.=20
Related stories:=20
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D34036"=
>Feds slammed for not protecting privacy</A>=20
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D32095"=
>Critics: 'Medical privacy' rules not so private</A>=20
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D28750"=
>Group slams new medical privacy rule</A>=20
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D27375"=
>Aspects of 'HillaryCare' to become reality?</A>=20
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D27194"=
>Medical privacy under assault</A>=20
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D24286"=
>Congressman signs on to sue government</A>=20
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D23215"=
>Privacy rules turn doctors into criminals?</A>=20
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D15133"=
>Health providers sounding privacy alarm</A>=20
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D30257"=
>Health records of military personnel stolen</A>
<A HREF=3D"mailto:jdougherty@worldnetdaily.com">Jon E. Dougherty</A> is a st=
aff reporter and columnist for WorldNetDaily.=20
=20
=20
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<HTML><FONT FACE=3Darial,helvetica><FONT SIZE=3D2 FAMILY=3D"SANSSERIF" FACE=
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FAMILY=3D"SANSSERIF" FACE=3D"Verdana" LANG=3D"0"><B>YOUR PAPERS, PLEASE ...=
</FONT><FONT COLOR=3D"#000000" style=3D"BACKGROUND-COLOR: #ffffff" SIZE=3D3=
FAMILY=3D"SANSSERIF" FACE=3D"Verdana" LANG=3D"0"></B><BR>
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FAMILY=3D"SANSSERIF" FACE=3D"Verdana" LANG=3D"0">Doctors, patients, advocat=
es claim new rules 'threaten essential liberties'</FONT><FONT COLOR=3D"#000=
000" style=3D"BACKGROUND-COLOR: #ffffff" SIZE=3D3 FAMILY=3D"SANSSERIF" FACE=
=3D"Verdana" LANG=3D"0"><BR>
</FONT><FONT COLOR=3D"#000000" style=3D"BACKGROUND-COLOR: #ffffff" SIZE=3D2=
FAMILY=3D"SANSSERIF" FACE=3D"Verdana" LANG=3D"0">Posted: September 6, 2003<=
BR>
1:00 a.m. Eastern<BR>
<BR>
</FONT><FONT COLOR=3D"#000000" style=3D"BACKGROUND-COLOR: #ffffff" SIZE=3D3=
FAMILY=3D"SANSSERIF" FACE=3D"Verdana" LANG=3D"0">By Jon Dougherty<BR>
</FONT><FONT COLOR=3D"#000000" style=3D"BACKGROUND-COLOR: #ffffff" SIZE=3D2=
FAMILY=3D"SANSSERIF" FACE=3D"Verdana" LANG=3D"0">=C2=A9 2003 WorldNetDaily.=
com <BR>
<BR>
</FONT><FONT COLOR=3D"#000000" style=3D"BACKGROUND-COLOR: #ffffff" SIZE=3D3=
FAMILY=3D"SANSSERIF" FACE=3D"Verdana" LANG=3D"0">A group consisting of pati=
ents, doctors and privacy advocates has filed suit in federal court charging=
a new government rule actually "eliminates the right to privacy" of past an=
d future communications between doctor and patient. <BR>
<BR>
In papers filed in U.S. district court in Philadelphia, the group =E2=80=93=20=
Citizens for Health, represented by Washington, D.C. lawyer James Pyles =E2=
=80=93 accuses "the federal government of ignoring overwhelming public opini=
on to prevent the widespread use of medical records and instead implemented=20=
new regulations that threaten essential liberties guaranteed by the Constitu=
tion." <BR>
<BR>
Specifically, the group alleges the new rule, which was implemented under th=
e Health Insurance Portability and Accountability Act, or HIPAA, of 1996, el=
iminates medical privacy and "jeopardizes the privacy of past and future com=
munications between patients and their physicians." <BR>
</FONT><FONT COLOR=3D"#000000" style=3D"BACKGROUND-COLOR: #ffffff" SIZE=3D3=
FAMILY=3D"SANSSERIF" FACE=3D"arial" LANG=3D"0"><BR>
Under the rule, which was implemented by Health and Human Services Secretary=
Tommy Thompson April 14, "virtually all personal health information about e=
very aspect of an individual's life can be used and disclosed routinely with=
out notice, without the individual's consent and against his or her will," t=
he group said in a statement. <BR>
<BR>
Some of the allegations mirror findings by the General Accounting Office, Co=
ngress' watchdog agency, which <A HREF=3D"http://www.worldnetdaily.com/news/=
article.asp?ARTICLE_ID=3D34036">reported in July</A> the federal government=20=
could not guarantee patients' medical privacy. <BR>
<BR>
The GAO report found that of 25 federal agencies, compliance with Privacy Ac=
t requirements and those of the Office of Management and Budget =E2=80=93 wh=
ich oversees implementation of the act =E2=80=93 was "uneven." "As a result=20=
of this uneven compliance, the government cannot adequately assure the publi=
c that all legislated individual privacy rights are being protected," said t=
he agency. <BR>
<BR>
The privacy rule, which was under consideration during the Clinton administr=
ation, <A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=
=3D15133">has been routinely criticized by health advocates as being too rev=
ealing of privacy, not protective of it.</A> But that's a charge the governm=
ent has just as regularly denied. "From the time of Hippocrates, privacy in=20=
medical care has been of prime importance to patients and to the medical pro=
fession," Thompson said. <BR>
<BR>
As electronic data transmission is becoming ingrained in our health-care sys=
tem, we have new challenges to insure that medical privacy is secured. While=
many states have enacted laws giving differing degrees of protection, there=
has never before been a federal standard defining and ensuring medical priv=
acy," he continued. "Now new federal standards are coming into force to prot=
ect the personal health information of every American patient." <BR>
<BR>
But critics say the government's standards aren't the problem. Rather, they=20=
say the problem is medical records are now much too easy to access by a mult=
itude of third parties. Indeed, says the group, Health and Human Services' "=
own findings show that the rules affect the medical privacy rights of 'virtu=
ally every American,' and allows more than '600,000 entities' access to thei=
r records =E2=80=A6" That list includes insurance companies, banks, employer=
s, and law enforcement agencies. <BR>
<BR>
Pyles initially filed suit in April, but Thursday's filing is for summary ju=
dgment. In court documents he alleged "that HHS changed the privacy requirem=
ent, even though the agency officials had received thousands of comments fro=
m citizens urging them to preserve their rights." "Further," he argued, "the=
amended privacy rule provides no opportunity or mechanism for individuals t=
o object or refuse to have their personal health information used and disclo=
sed for routine purposes repeatedly." <BR>
<BR>
Kathyrn Serkes, public affairs counsel for the <A HREF=3D"http://www.aapsonl=
ine.org/">American Association of Physicians and Surgeons</A>, said the new=20=
rules are so invasive patients will need "Miranda warnings" before answering=
medical questions. "While masquerading as patient protection, the rules wou=
ld actually eliminate any last shred of confidentiality and risk lives," Ser=
kes said. <BR>
<BR>
"The frontline defense for medical privacy always has been the patient's rig=
ht to give or withhold consent to how his records are used and who sees them=
. These rules throw that out the window." Pyles represents 10 national and s=
tate associations, seven individuals and two "interveners," as well as 750,0=
00 members of the associations. <BR>
<BR>
Among them, Dr. Deborah Peel =E2=80=93 an Austin, Texas psychiatrist who has=
testified before Congress on the issue of medical privacy =E2=80=93 says Am=
ericans should be concerned about the manner in which their rights were disr=
egarded and their opinions discounted. "The 'HIPAA privacy rule' was turned=20=
into a massive 'disclosure rule,'" she said. <BR>
<BR>
Related stories: <BR>
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D34036"=
>Feds slammed for not protecting privacy</A> <BR>
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D32095"=
>Critics: 'Medical privacy' rules not so private</A> <BR>
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D28750"=
>Group slams new medical privacy rule</A> <BR>
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D27375"=
>Aspects of 'HillaryCare' to become reality?</A> <BR>
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D27194"=
>Medical privacy under assault</A> <BR>
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D24286"=
>Congressman signs on to sue government</A> <BR>
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D23215"=
>Privacy rules turn doctors into criminals?</A> <BR>
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D15133"=
>Health providers sounding privacy alarm</A> <BR>
<A HREF=3D"http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=3D30257"=
>Health records of military personnel stolen</A><BR>
<BR>
<BR>
<I><A HREF=3D"mailto:jdougherty@worldnetdaily.com">Jon E. Dougherty</A> is a=
staff reporter and columnist for WorldNetDaily.</I> <BR>
<BR>
<BR>
<BR>
</FONT> </HTML>
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