[Med-privacy] State Privacy Protections and Civil Suits Concerned with HIPAA Law

Jeff Williams jwkckid1@ix.netcom.com
Wed, 21 Apr 2004 21:54:49 -0700


pmarshall and all,

pmarshall wrote:

>
>
>>
>>
>> >>   This would indicate to me that either stronger or different
>> >>  medical
>> >>  privacy laws by state are needed or each state needs to enact
>> >>  better and perhaps stronger medical privacy
>> >>  practices/legislation..
>> >>
>> >>
>> > Has generally been the case for some time....
>> >
>>   Agreed.  However such privacy legislation seems to be heading
>> in the opposite direction...
>>
> Examples or such...?

Yes but not handy...

>
>
>
>> >
>> >
>> >>   The alternative is a change to the Medical Privacy Act
>> >>
>> >>
>> > Eh? What's that?
>> >
>> ?????
>>
> You mean the HIPAA Privacy Rule?

Yes and no.  Yes in that HIPAA is part of what I was referring
to...

>
>
>> >
>> >
>> >>  which would
>> >>  also seem to be in conflict with the Patriot Act in some sections
>> >>  thereof...
>> >>
>> >>
>> > The "change" or the "MPA?"
>> >
>>   The change IMHO.  Conflicting security and privacy laws
>> cannot by definition be a good or best practice and function
>> cooperatively...
>>
> Where's the conflict with the Patriot Act?

They are fairly clearly outlined in the several of the sections of
Patriot Act currently under debate in congress currently...
I am not going outline all of them on this forum..

>
>
>
>>  Stronger medical privacy serves as a tool
>> to fighting the war on terror, not lack there of...
>>
> How's that?

  The stronger the medical privacy provisions provided the less
chance of a potential terrorist can use such medical information as
leverage of influence on a targeted individual for nefarious or
harmful purposes...

>
>
>
>>
>>

Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
    Pierre Abelard

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security
IDNS. div. of Information Network Eng.  INEG. INC.
E-Mail jwkckid1@ix.netcom.com
 Registered Email addr with the USPS
Contact Number: 214-244-4827