Medical Privacy Act

[Guest guest]

: " Misty L. Trepke "

Tue, 29 Jun 2004 13:02:08 -0000

[s-A] Medical Privacy Act- Contradiction In Terms!

 

 

More Spin Doctoring Tricks

 

Chris Gupta

 

See also:

<http://www.newmediaexplorer.org/chris/2004/05/04/how_to_stop_being_m

anipulated.htm>How

to Stop Being Manipulated!

------------------------------

June 28, 2004

 

Over a year has passed since the so-called medical privacy act went

into effect, and already we're careening down the slippery slope Dr.

Wright predicted.

 

This past spring, the Justice Department began an effort to obtain

thousands of supposedly confidential medical records in an attempt

to defend the ban on partial-birth abortions. Because the medical

privacy act went into effect last April, the Justice Department can

now request -- and legally obtain -- the records of anyone who had

an abortion. Not just the partial-birth type they have banned, mind

you: We're talking any and all abortion procedures, for any and all

reasons.

 

Now, I know this is a dicey issue, and it's not my intention to stir

up that particular debate here. But I do want you to see the

ramifications of this action. It opens the door for all of our

medical records to be made available for government inspection --

including sensitive information about substance abuse, psychiatric

treatment, sexual abuse, and AIDS, to name just a few. Anything you

might hope to keep to yourself is fair game for the Feds.

 

All I can say is, if you're not upset about this yet, or you think

it doesn't affect you, trust me -- you will be, and it will.

 

But you're not completely helpless in the matter. You can, and

should, find out where your state and local representatives stand on

this law, and offer them your opposition to it in writing or by

telephone. To find out their position, go to <http://www.vote-

smart.org>www.vote-smart.org and do a search by state to find your

senators and congressmen and to research their voting record.

 

Unfortunately, most lawmakers will admit -- under duress -- that

they don't always read the laws they vote on in their entirety (but

you should! See " What is... " below). They are subject to the spin

of their party, their colleagues, and their President. When faced

with a decision, who do you think gets their vote? Right, the best

spin.

 

So don't hesitate to provide a little spin of your own on this one.

Your privacy depends on it.

 

Signing on the dotted line

 

Q: In the last year, each time I go to the doctor, I have to sign

some new " privacy " form. Truthfully, I have never taken the time to

read them and now I'm thinking that may not have been so smart. What

exactly am I signing and why?

 

JVW: What you are signing each time you see a doctor is a consent

form stating that you have been informed of that office's privacy

policy and procedures, and that you grant permission to use your

confidential information for various purposes including treatment,

reimbursement and marketing. The new form is the result of a good

idea gone bad: HIPAA. HIPAA is an acronym for the Health Insurance

Portability and Accountability Act of 1996. The deadline for

compliance for all " covered entities " (doctors, hospital, insurance

companies, pharmacies, etc.) was April 2003.

 

HIPAA has been " spun " so many ways by so many politicians and

government officials that it would make you nauseous just listening

to all the doublespeak. Some claim the idea behind HIPAA is that

people should be able to keep their insurance coverage when they

switch jobs, and insurers shouldn't be able to deny you medical care

based on your medical history. That sounds good.

 

Others say it was just a way to assuage fears of privacy as medical

records transition from paper to electronic formats. That sounds

good, too.

 

But if you read the entire law, and see how it's being used now that

it's in effect, you'll see why I've been so up in arms about it.

Take a look at the October 2002 issue of Nutrition & Healing to read

more about the distressing details before you do any more signing.

Frankly, you may not have the option of not signing if you want to

receive medical care -- but you can at least be truly informed.

 

What is... HIPAA?

 

I learned a long time ago that it's important to go to the source of

information before listening to a lot of mumbo jumbo about

something -- even if you agree with the mumbo jumbo.

 

On a rainy day, or next time you're heading into the voting booth,

you might want to take a moment to review the actual Health

Insurance Portability and Accountability Act of 1996 for yourself

at:

<http://aspe.hhs.gov/admnsimp/pl104191.htm>http://aspe.hhs.gov/admnsi

mp/pl104191.htm.

 

Here's a little teaser to get you started... " An Act... to amend the

Internal Revenue Code of 1986 to improve portability and continuity

of health insurance coverage in the group and individual markets, to

combat waste, fraud, and abuse in health insurance and health care

delivery, to promote the use of medical savings accounts, to improve

access to health care services and coverage, to simplify the

administration of health insurance, and for other purposes. "

 

Hint: Those last four words are the ones to watch out for...

 

Yours in good health,

Amanda Ross

Managing Editor

Nutrition & Healing

 

Sources:

 

Ventura, Michael. " Protecting Your Privates, " Austin Chronicle,

3/24/04

 

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