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To: Aeon Flux
This is just for the thread in case there's doubt. The HIPPA link you gave contains comments and HHS response. They apply to the final rules. This regards who "owns" the records. Now there are several things contained in the records. The data, and the physician's observations, conclusions and notes. The notes are not covered, because they belong to the physician. The data and observations belong to the patient according to the feds- note Congress, who disagree with Princeton and the AMA BTW.

"Comment: One commenter stated that the rule should require rather than permit disclosure pursuant to court orders.

" fed's Response: Under the statutory framework adopted by Congress in HIPAA, a presumption is established that the data contained in an individual's medical record belongs to the individual and must be protected from disclosure to third parties. The only instance in which covered entities holding that information must disclose it is if the individual requests access to the information himself or herself."

The comments and response to the rules you posted have some relevance, but the considerations are different. LE use was mainly for LE and public safety. Overall, HHS's considerations in the cases given for release of ID cleased records are meet here. The fed court Ashcroft is defending the law in also has proper jurisdiction. The subpoena is for ID cleased records that contain relevant evidence regarding what is essentially empty claims of the plaintiffs. There is no criminal fishing expedition and no prosecutions could result from this. The fed rules of evidence and FDA regs for docs apply. The HHS regs don't prohibit the subpoena.

Section 164.512(e)--Disclosures for Judicial and Administrative Proceedings

"Comment: A few commenters suggested that the final rule not permit disclosures without an authorization for judicial and administrative proceedings.

" HHS Response: We disagree. Protected health information is necessary for a variety of reasons in judicial and administrative proceedings. Often it may be critical evidence that may or may not be about a party. Requiring an authorization for all such disclosures would severely impede the review of legal and administrative claims. Thus, we have tried to balance the need for the information with the individual's privacy. We believe the approach described above provides individuals with the opportunity to object to disclosures and provides a mechanism through which their privacy interests are taken into account."

ie. ID cleansing.

136 posted on 02/14/2004 1:18:42 AM PST by spunkets
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To: spunkets
Now you claim:

"This is just for the thread in case there's doubt. The HIPPA link you gave contains comments and HHS response. They apply to the final rules. This regards who "owns" the records."


Yes Spunkie, HIPPA falls under HHS. HHS IS the agency HIPPA IS the federal law protecting that guidelines and protects the privacy of medical records.

But, you have to read way down toward the bottom and you will see about the ID clearing and such. And LOOK it looks like you found it!!

Good BOY!!

As you posted:

"The subpoena is for ID cleased records that contain relevant evidence regarding what is essentially empty claims of the plaintiffs. There is no criminal fishing expedition and no prosecutions could result from this. The fed rules of evidence and FDA regs for docs apply. The HHS regs don't prohibit the subpoena."

Now, if you paid attention, there is a three part process those records must go through, should Ashcroft be allowed by the courts to use them.

But, most important point I was trying to make was the right of those who wish to deny the subpoenas as stated within the HIPPA law, and the patients and Dr.s are within those rights, and Ashcroft is NOT above the law to demand these records simply because you find him your big hero.




Yes, I know your little head is in a dizzy, but don't worry, I will try to help you and make it clear.
138 posted on 02/14/2004 6:20:28 AM PST by Aeon Flux ("What does not kill us, makes us stranger" ...Trevor Goodchild)
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