-Caveat Lector-

Please forgive duplicates.

Dave Hartley
http://www.Asheville-Computer.com
http://www.ioa.com/~davehart


 P L E A S E    F O R W A R D
 The Medical Privacy Scam: Big Brother Wants Your Medical Records

 On Friday, Oct. 29th, President Clinton announced U.S. Department of Health
and Human Services Secretary Donna E. Shalala's proposed rules which claim
to protect the privacy of Americans' personal health records that are either
transmitted or maintained electronically.  These rules were published in the
Federal Register today, November 3rd.
 America is being scammed by HHS initiated press releases into thinking that
these proposed rules, if adopted, will keep us in control of our intimate
medical details. While HHS's rules spell out clear regulatory restrictions
for how doctors and health plans use our personal medical data, they also
dangerously grant federal, state, and local government health bureaucrats
broad unrestricted access and control of our private medical information
without our consent for anything that can be linked to the self-defined
"national priority purposes" of research, public health, government health
data systems, law enforcement and oversight of the health care system.
(see summary  http://aspe.hhs.gov/admnsimp/pvcsumm.htm  )

 The section of greatest concern in the rules is

"Uses and disclosures permitted without individual authorization."

 Unconsented disclosures are rationalized for "public health surveillance,
investigations and interventions."  Immunization and cancer registries are
also cited as beneficiaries of this governmental information grab. HHS
states in the rules, "We considered requiring individual authorization for
certain public health disclosures, but rejected this approach because many
important public health activities would not be possible if individual
authorization were required."
 Specific government agencies listed as being granted access to individual
identifiable medical records under the pretext of "oversight" include "State
insurance commissions, State health professional licensure agencies, Offices
of Inspectors General of federal agencies, the Department of Justice, State
Medicaid fraud control units, Defense Criminal Investigative Services, the
Pension and Welfare Benefit Administration, the HHS Office for Civil Rights,
the FDA, the Social Security Administration, the Department of Education,
the Occupational Health and Safety Administration and the Environmental
Protection Agency."
 HHS also proposes "to permit covered entities to disclose protected health
information to a law enforcement official without individual authorization
for the conduct of lawful intelligence activities."

 HHS will accept public comment on the proposed rules for 60 days from the
publication date of November 3rd. Public comments can be submitted
electronically to  http://aspe.hhs.gov/admnsimp/    and all 631 pages of the
proposed rules are posted at this same location.  We are working on our
formal comments/objections to the proposed rules and will be distributing
them to our email friends and family when they are finished.

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