To: Thunder who wrote (56943 ) 3/30/2001 4:05:40 PM From: margie Read Replies (1) | Respond to of 74651 Off Topic but Urgent: “A threat to your personal medical records" "New Rules Give Government Access to Your Medical Records" In the closing days of the Clinton administration, Bill Clinton imposed, by executive order, new federal rules regulating the privacy of your medical records. ”These outrageous rules will give millions of government bureaucrats, clerks in insurance companies, HMO, drug marketing companies and even police and IRS agents, access to your confidential medical records without your permission. Third parties will have access to confidential medical records under the rule changes. The regulations by HIPPAA impose uniform standards for the electronic transmission of healthcare data, and are the final version of proposed rules issued a year ago by the U.S. Department of Health and Human Services (HHS) after Congress failed to pass comprehensive medical privacy legislation as required by the 1996 Health Insurance Portability and Accountability Act (HIPAA). Clinton went beyond what was being asked for and extended HIPPAA to cover paper records and oral information as well as electronic transactions. HIPAA standards apply to all consumers whether they are privately insured, uninsured, self-pay; whether they participate in government health plans such as Medicare and Medicaid, private plans, HMO’s, or to Clearing Houses that manage the medical records. The comment period ends today at 5:00 PM, March 30th although Secretary of Health & Human Services Tommy Thompson will decide by April 14th whether these new federal rules proposed in the Federal Register, Vol. 65, No. 250, pp. 82461-82829 will go into effect. Apparently, if you refuse to allow your records to become part of HIPPAA; your doctor can be fined; and he can also refuse to treat you. It is not too late to let someone know what you think. There is enormous pressure on Secretary Thompson by big insurance companies and HMOs to keep the Clinton rules and sadly the Bush administration has said nothing to indicate that it will block Clinton's rules. The big media has remained strangely quiet and have issued no comments or warnings about the dangers of the new Clinton rules.” These rules were designed to help the Health Industry, not to safeguard your medical records. They make it easier to bill and to access medical information. The government estimates it will cost $17.6 billion to implement; but would save the Health Industry $29.9 billion over 10 years; THUS there would be a “net savings” of approximately $12.3 billion. The government estimates have been disputed; and many claim the costs would be much higher. . “After balancing privacy and other social values, HHS is establishing rules that would permit certain existing disclosures of health information without individual authorization for the following national priority activities and for activities that allow the health care system to operate more smoothly. All of these disclosures have been permitted under existing laws and regulations. (NOT TRUE) Judicial and administrative proceedings: -Limited law enforcement activities: Public health; Quality assurance activities; -Research, generally limited to when a waiver of authorization is independently approved by a privacy board or Institutional Review Board: - -Emergency circumstances …….. hhs.gov Amazingly, the regulations apply only to those who send information; not to those who receive the information: “the rules do not place “restrictions on how such recipients of protected health information may use and re-disclose such information. There is no statutory authority for a private right of action for individuals to enforce their privacy rights. “ hhs.gov Fact Sheet from the U.S. Department of Health and Human Services Interesting that Physmark is planning on providing an appliance that use Oracle’s database, that will make compliance with HIPAA possible. “biz.yahoo.com `` Many healthcare organizations are considering clearinghouses as a possible solution for transferring HIPAA compliancy responsibility. Recent court records reveal that Quintiles, as part of its sale of Envoy to WebMD, retained the rights to access and use the data at the clearinghouse for marketing purposes,'' he noted. HIPPAA rules will allow this. What you can do: Unfortunately, the time period for Health and Human Services considering comments from the public ends today, March 30 at 5:00 PM. Contact your senators: for phone numbers. conservativehq.com April 14 is the date that Secretary of Health & Human Services Tommy Thompson decides whether new federal rules will go into effect whereby the government or third parties will have access to confidential medical records under the rule changes proposed in the Federal Register, Vol. 65, No. 250, pp. 82461-82829. -Contact House Republican leadership and tell them to put House Joint Resolution 38 on the calendar and bring it to the floor for a roll call vote. Congressman Ron Paul has sponsored House Joint Resolution 38, a move designed to bypass the usual red tape of Congress and directly repeal Clinton's grab for your medical records. HJR 38 needs to move from waiting in the committees to the legislative calendar. From there, HJR 38 needs a roll call vote. If enough taxpayers make their voices heard, HJR 38 could repeal the rules. Speaker of the House; Rep. J. Dennis Hastert; Phone: 202-225-2976; Fax: 202-225-0697; E-mail: dhastert@mail.house.gov (They don’t look at emails anymore; they receive too many.) Postal: 2369 Rayburn House Office Building, Washington DC 20515 House Majority Leader: Rep. Richard Armey: Phone: 202-225-7772 Fax: 202-226-2028 E-mail: remote-printer.Armey@12022262028.iddd.tpc.int Postal: 301 Cannon House Office Building, Washington DC 20515 House Majority Whip:Rep. Tom Delay;Phone: 202-225-5951 Fax: 202-225-5241 E-mail: thewhip@mail.house.gov Postal: 2370 Rayburn House Office Building, Washington DC 20515 NewsMax.com has an emergency petition to stop these rules from becoming law: newsmaxstore.com newsmaxstore.com -You can pay $15 and NewsMax will hand-deliver the petition to Secretary Thompson, Pres. Bush and every member of Congress, but that may be too late. -You can call the Capitol switchboard at 202-225-3121, ask for your congressman and read them the petition. The White House comment line is 202-456-1414 -You can pay $5.25 for a PriorityGram to Health and Human Services Secretary Tommy Thompson and tell him to repeal President Clinton's medical privacy rules: newsmaxstore.com sample letter: Dear Congressman(Congresswoman) Please put House Joint Resolution 38 on the legislative calendar and bring HJR 38 to the floor for a roll call vote. I am deeply concerned that unaccountable government agencies and third parties can take my private medical records without my knowledge or consent. President Clinton's "privacy" policy is a blatant invasion of privacy and tramples upon the Tenth Amendment. Please respond and tell me where you stand on HJR 38. Thank you. Sincerely,