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Healthcare privacy law guarantees anything BUT privacy
Coach is Right ^ | 6/20/13 | Douglas H. Book

Posted on 06/20/2013 8:27:44 AM PDT by Oldpuppymax

Few people realize that the HIPAA “privacy” form shoved under the nose of every individual visiting a hospital or doctor’s office has NOTHING whatever to do with the preservation of patient privacy. Nor does it mean that patient consent will be required before a provider may share their records. On the contrary, signing the form simply means the patient has been advised that his most private medical (and other) information may be legally accessed by some 2.2 million entities, many having nothing to do with either health or treatment.

In 2009, the federal government modified the HIPAA “privacy rule” so as to “…permit the selling of Americans’ electronic health records for...

(Excerpt) Read more at coachisright.com ...


TOPICS: Conspiracy; Government; Health/Medicine; Politics
KEYWORDS: abortion; barackobama; deathpanels; hipaa; medicine; obamacare; zerocare

1 posted on 06/20/2013 8:27:44 AM PDT by Oldpuppymax
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To: Oldpuppymax

The only person HIPPA prevents from looking at your medical records is YOU.


2 posted on 06/20/2013 8:36:43 AM PDT by E. Pluribus Unum (Religious faith in government is far crazier than religious faith in God.)
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To: Oldpuppymax

Having worked in medical IT for a bit I can tell you HIPPA means doodly. It only gives the government an avenue to prosecute someone when they deem rules were broken.

News flash people, if your data is on a computer connected to the internet, you data is not secure I don’t care what encryption/security program you are running.

This whole cloud based storage evolved from two premises: the public one, that it will save money by limiting your investment on hardware infrastructure; and the secret one and actual driving force, your data is out where anyone can get to it at anytime.


3 posted on 06/20/2013 8:37:07 AM PDT by Resolute Conservative
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To: Oldpuppymax

Mostly it means that if a family member calls the hospital wanting to visit or learn how the patient is doing, they will be completely shut out unless the patient has filled in all of the forms allowing every family member through the privacy barrier.

Government and everyone else is welcome to as much information as they want, but the family is shut out. Want to pick up your mother when she’s ready to leave and go home? Sorry, buddy, she neglected to fill in the right form.

Probably the original reason for this was lib politicians who don’t want their husbands or wives to know about the venereal diseases they picked up in “private” affairs. Or other possibly embarrassing diseases.


4 posted on 06/20/2013 8:59:37 AM PDT by Cicero (Marcus Tullius)
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To: Resolute Conservative

The whole cloud thing is a scam from the start. You are letting someone else host your data on the “cloud”. The cloud is a collection of servers in some building somewhere, just not your building or where you are at. It is accessed through the internet for God’s sake. How much can you trust the internet. How much are you willing to trust critical data to somebody else’s care?


5 posted on 06/20/2013 9:28:43 AM PDT by RJS1950 (The democrats are the "enemies foreign and domestic" cited in the federal oath)
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To: RJS1950

Selling this to management and the under 30 software mushheads is the challenge. They are all in for it.


6 posted on 06/20/2013 9:36:49 AM PDT by Resolute Conservative
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To: Resolute Conservative

The management level is the worst; enamoured with the latest bright shiny technology pitch. Even most CIOs have never done and/or don’t understand the hands-on processes or issues; most have little or no IT background or are project managers. Little or no hard skills or the brain power to analyze, evaluate, and make reasoned decisions concerning IT processes that are based on real knowledge.


7 posted on 06/20/2013 9:46:01 AM PDT by RJS1950 (The democrats are the "enemies foreign and domestic" cited in the federal oath)
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To: Oldpuppymax

Okay so here’s my idea. According to The Privacy Act (5 U.S.C. 552a) governs the means by which the United States Government collects, maintains, and uses PII in a system of records. A ‘‘system of records’’ is a group of any records under the control of a Federal agency from which information about individuals is retrieved by name or other personal identifier. The Privacy Act requires each agency to publish in the Federal Register a system of records notice (SORN) identifying and describing each system of records the agency maintains, including the purposes for which the agency uses PII in the system, the routine uses for which the agency discloses such information outside the agency, and how individual record subjects can exercise their rights under the Privacy Act (e.g., to determine if the system contains information about them).

We need a blanket request for information form that we can send to the System Manager that includes every “ENTITIES WHO MAY RECEIVE DISCLOSURES UNDER ROUTINE USE.”

Here’s the process:

SYSTEM MANAGER AND ADDRESS:
Director, Consumer Information and
Insurance Systems Group, Center for
Consumer Information and Insurance
Oversight, Centers for Medicare &
Medicaid Services, 7501 Wisconsin
Ave, 9th Floor, Bethesda, MD 20814.

NOTIFICATION PROCEDURE:
An individual record subject who
wishes to know if this system contains
records about him or her should write
to the system manager who will require
the system name, and for verification
purposes, the subject individual’s name
(woman’s maiden name, if applicable),
and SSN (furnishing the SSN is
voluntary, but it may make searching for
a record easier and prevent delay).

So anyone up for putting together the comprehensive list of “system name” of every entity eligible to get your information?

How big could it be?

ENTITIES WHO MAY RECEIVE DISCLOSURES
UNDER ROUTINE USE
These routine uses specify
circumstances, in addition to those
provided by statute in the Privacy Act
of 1974, under which CMS may release
information from the HIX without the
consent of the individual to whom such
information pertains. Each proposed
disclosure of information under these
routine uses will be evaluated to ensure
that the disclosure is legally
permissible, including but not limited to
ensuring that the purpose of the
disclosure is compatible with the
purpose for which the information was
collected. We are establishing the
following routine use disclosures of
information maintained in the system:
1. To support Agency contractors,
consultants, or CMS grantees who have
been engaged by the Agency to assist in
accomplishment of a CMS function
relating to the purposes for this
collection and who need to have access
to the records in order to assist CMS.
2. To disclose information to another
Federal agency, agency of a State
government, a non-profit entity
operating an Exchange for a State, an
agency established by State law, or its
fiscal agent to (A) make eligibility
determinations for enrollment in a QHP
through an Exchange, insurance
affordability programs, and
certifications of exemption from the
individual responsibility requirement,
(B) to carry out the HIX Program, and
(C) to perform functions of an Exchange
described in 45 CFR 155.200, including
notices to employers under section
1411(f) of the Affordable Care Act.
3. To disclose information about
applicants in order to obtain
information from other Federal agencies
that help CMS, pursuant to agreements
with CMS, to determine the eligibility of
applicants to enroll in QHPs through an
Exchange, in insurance affordability
programs, or for a certification of
exemption from the individual
responsibility requirement.
4. To assist a CMS contractor
(including, but not limited to Medicare
Administrative Contractors, fiscal
intermediaries, and carriers) that assists
in the administration of a CMS-
administered health benefits program,
or to a grantee of a CMS-administered
grant program, when disclosure is
deemed reasonably necessary by CMS to
prevent, deter, discover, detect,
investigate, examine, prosecute, sue
with respect to, defend against, correct,
remedy, or otherwise combat fraud,
waste or abuse in such program.
5. To assist another Federal agency or
an instrumentality of any governmental
jurisdiction within or under the control
of the United States (including any state
or local governmental agency), that
administers, or that has the authority to
investigate potential fraud, waste or
abuse in a health benefits program
funded in whole or in part by Federal
funds, when disclosure is deemed
reasonably necessary by CMS to
prevent, deter, discover, detect,
investigate, examine, prosecute, sue
with respect to, defend against, correct,
remedy, or otherwise combat fraud,
waste or abuse in such programs.
6. To assist appropriate Federal
agencies and CMS contractors and
consultants that have a need to know
the information for the purpose of
assisting CMS’ efforts to respond to a
suspected or confirmed breach of the
security or confidentiality of
information maintained in this system
of records, provided that the
information disclosed is relevant and
necessary for that assistance.
7. To assist the U.S. Department of
Homeland Security (DHS) cyber security
personnel, if captured in an intrusion
detection system used by HHS and DHS
pursuant to the Einstein 2 program.
8. To provide information about
applicants to application filers, who are
filing on behalf of those applicants,
when relevant and necessary to
determine eligibility to enroll in QHPs
or in insurance affordability programs.
9. To QHP issuers for purposes of
administering advance payment of
premium tax credits and cost-sharing
reductions.

*Source: http://www.gpo.gov/fdsys/pkg/FR-2013-02-06/pdf/2013-02666.pdf


8 posted on 06/20/2013 9:52:06 AM PDT by gtwizard (Why is it that Liberal Progressives believe that their ends justifies confiscating my means?)
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