Lawsuit Filed Against Stimulus Act

Health Data Management Magazine (online news) ^ | July 6, 2009 | Joe Goedert

[newheart]

A registered nurse in Durham, N.H., has filed a civil suit against three officials of the Obama Administration alleging the American Recovery and Reinvestment Act's health information technology provisions unconstitutionally violate the HIPAA privacy rule, Privacy Act and Federal Common Law.

[newheart]

The suit alleges that Obama Administration, has budgeted 20 billion for Health Information Technology that "... will be used to deprive the Plaintiff and others of her fundamental right to privacy by requiring that her medical records be released by her health care providers and upon entry into the Health Information Technology [database] maintained under the supervision of the Secretary will be made available without the permission of the Plaintiff to an unknown and potentially unlimited number of persons. "

To paraphrase the great political philosopher, Rahm Immanuel: A good crisis is a terrible thing to waste.

[DannyTN]

I guess the stimulus is working. It’s stimulated the legal fields. Great....just great.

[Made In The USA]

I’m sure the various congresscritters caught this in their very through review and debate of the bill. Oh wait... I forgot most if not all didn’t bother to read the bill.

[EagleUSA]

Obama and his thugs will break every law, Constitutional and otherwise, every promise, and violate the general rights of every citizen to achieve their socialist radical takeover agenda. Bar none.

I wish this person well with her suit — but the tragedy is that if it goes all the way to the SCOTUS, it will not be heard, just like the numerous suits that challenged Obama’s legitimacy to be president.

[sickoflibs]

Sadly Alito and Roberts probably will reject this, but I agree with her.

[DallasDeb]

The government made HIPAA, the government can take HIPAA away.

[AliVeritas]

ping

[COBOL2Java]

I wish this person well with her suit — but the tragedy is that if it goes all the way to the SCOTUS, it will not be heard, just like the numerous suits that challenged Obama’s legitimacy to be president.

But, if it makes it to the SCOTUS, she'll have a wise Latina to empathize with her situation...

...or not, depending on her ethnicity.

[the long march]

Good for this nurse. Let us hope there is a sane judge out there somewhere

[Dead Corpse]

Not to mention that there is nothing ANYWHERE in the Constitution allowing them to use tax money for bailing out private enterprises.

Nothing.

At all.

Seriously...

[newheart]

The government made HIPAA, the government can take HIPAA away.

And the government is perfectly capable of ignoring HIPAA when it wants to. HIPAA was originally supposed to be implemented within a couple of years after 1996. That got pushed back and pushed back largely because HHS could not compliantly process claims for Medicare. Understand that really means that most of the Blue Cross Blue Shield organizations could not compliantly process claims since they do most of the Medicare claims processing and remittance.

What is amazing about that is that the Blues were one of the groups leading the charge to bring HIPAA into being anyway. AND they, no doubt, would be the group who would receive the biggest benefit from a single payer system because they are so embedded in the Medicare/Medicaid world.