Bush Acts to Drop Core Privacy Rule on Medical Data

The New York Times ^ | 03/22/2002 | ROBERT PEAR

[Texasforever]

We will now see how honest folks on this forum are. When Bush allowed that EO to be published. There was an outcry that Bush had caved on what they called a "Trojan horse" by Clinton.

[dalereed]

Reading this i'm not sure what the final rules are.

I just want the ability to sign a form that says that any and all records pertaining to me shall be divulged to no one.

As far as i'm concerned, doctors shouldn't be able to keep medical records on me.

[Texasforever]

As far as i'm concerned, doctors shouldn't be able to keep medical records on me.

Simple, don't go to doctors.

[Jesse]

Bush didn't change, apparently, the most onerous provisions of these regulations, among which is unfettered access by the federal government to your private medical records, which must be surrendered on demand to the federal government. These changes are pablum, and designed to make you think Bush is actually doing something to restore your freedom and privacy to have confidential medical care and private medical records. He isn't. The federales can come in and demand your records from your doctor, and sell the information as well. That's what was in the original regs by Clinton.

Tommy Thompson is a moron, and Bush is a liar. But we knew that, didn't we, after this CFR debacle.

[Osinski]

Tommy Thompson is a moron, and Bush is a liar.

Well, at least we're not in denial.

[Texasforever]

Tommy Thompson is a moron, and Bush is a liar. But we knew that, didn't we, after this CFR debacle.

Just as I predicted. There is a large contingent of hypocrites on this site. Thanks for a sterling example.

[dalereed]

I avoid them as much as possible.

I've only been to a doctor 4 times in the last 40 years and that was for "damage control".

I haven't been sick since 1945 and haven't had any reason to see a doctor.

[Jesse]

So what, exactly, was hypocritical about my observation?

[Moonmad27]

This is the business I'm in, and I hoped that they would ease the enormous list of Clintonian regulations before proceeding with the HIPAA implementation. We have always been able to release medical records (patient consent required except in special cases), and patients have the right to ensure that we do not release information to anyone. With Clinton's usual tendency for going above and beyond, the regulations were indeed burdensome to day-to-day patient care.

[antaresequity]

Despite what side your on on this one...one thing seems to really stick out...

Clinton sure left a trail of dog sh&t piles for the President to step in with his [Clinton] flurry of last minute EO's...

[JustTheTruth]

The fact is - and a fact that is not going to change in anybody's proposed rules - is that you do not own your medical records - those records legally belong to the doctor or hospital who created them. You have rights to copy or access them, but they are not "your" records. Like it or not, that is the way it is.

[JustTheTruth]

So when you have a heart attack or stroke, or are involved in a serious life-threatening accident - where are you going to go for treatment? Just because you haven't needed them doesn't change the fact that they'll be there to save your hide in an emergency . . .

[dalereed]

"is that you do not own your medical records - those records legally belong to the doctor or hospital who created them"

They shouldn't have a right to create them without my permission.

[TEXICAN II]

Go to the Independence Institute.org & look up Twila Wight's long article-Watching You. It will give you all you need to know about the phoney medical privacy crap-it's a cover for non-privacy, the establishment of files on EVERYONE, & alows only the gov thugs to read them!!! I'm too tired to post the link noow-she is a prof at Idaho U. or Idaho State in Boise & has just written another book, same subject matter. Serious academic with real head for getting to the heart of this.

[Carry_Okie]

The proposal is to be published in the Federal Register next week, with 30 days for public comment. The government will consider the comments and then issue a final rule, with the force of law.

Whether by Bush or Bubba, IMO this is unconstitutional executive legislation.

Why couldn't he just send a bill to the House instead?

[cfrels]

This NYT article is clear as mud. I really am not sure what we have now or what Bush is proposing. Based on history, I would guess that clinton left a time bomb for everyone to clean up.

[Kay]

Privacy rules are important but so are rules that protect the public. For instance, it is the law that any loss of consciousness, which may be repeated, must be reported to the health dept, then they notify the DMV. This is to protect the rest of us out there on the highways. If we guard the patient's rights completely then we are not protecting each other from hazards.

For many years, medical staff were not allowed to notify spouses of a patient's positive HIV status. Fortunately, the governor changed that so that partners could be notified by physicians if the patient refused to do it themself. But years went by before this change and much damage was done to others.

This issue of privacy is cumbersome for handicapped and mentally challenged patients. Prescriptions will not be able to be called to pharmacists without written consent. No one other than the patient will be able to pick up their medications at the pharmacy. They will need to do it themselves. That's just one example which would tie up a doctor's office and cause pain for hospice patients.

[Canticle_of_Deborah]

Mmmm, actually that's not what I've been taught. I'm an RN and I have always been told that a patient's medical record is just that; it belongs to them. Now, in reality this might be a different case. I've never had anyone try to completely remove all their documents, but if you get a new doctor or move to a different area the original facility will mail everything to the new practitioners.

Hospital administrators are strange that way, the law may say one thing but they will interpret anyway they see fit.

[MeekOneGOP]

I avoid them as much as possible.
I've only been to a doctor 4 times in the last 40 years and that was for "damage control".
I haven't been sick since 1945 and haven't had any reason to see a doctor.

You are truly blessed and lucky then, FRiend.
Hope your roll of good fortune continues.............