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Medical Privacy Regulations Background 

        
"Americans are being told they have a new right to medical privacy under the final federal medical privacy rule published in the Federal Register on 
December 28, 2000.  However, ...the rule does not provide true medical 
privacy.  Rather, it actually weakens individuals' ability to restrict access to 
their medical records.  At the same time, the rule increases the federal government's power to access individuals' personal health information, without patient consent."  -- Institute for Health Freedom, 2/8/01

1.  "The rule creates a massive federal mandate that requires every
doctor and other health care practioner to share patients' records with
the federal government...without patient consent."
2.  "Under the rule, Americans' medical records can be disclosed for
many broadly defined purposes without patient consent...."
3.  "Health care providers and institutions may refuse to treat patients
if they won't give consent to share their medical records."
4.  "Individuals will receive only a limited accounting of when and to
whom their medical records were disclosed."
5.  "Individuals do not have a private right of action (they can't sue)
if their privacy is breached under the final medical privacy rule."
6.  "The final rule does not cover the procurement or banking of blood,
sperm, or body tissue."
7.  The 1996 H.I.P.A.A. law that creates the medical privacy rule also 
requires "that unique health identifiers be assigned to four groups, 
including every:  (1) individual...." -- Institute for Health Freedom, 2/08/01

High-paid lobbyists and special-interest groups are working feverishly to make us live by their rules; their definition of privacy.  Only in Washington do words lose their meaning and, often times, start to mean the exact opposite.  The so-called “medical privacy rule” recently adopted by the federal government gives us less privacy – not more.  This new, 367-page-tiny-print regulation actually gives us less access and control of our own medical records while giving federal, state, and local governmental agencies - including law enforcement and research organizations, along with insurance companies, HMOs, drug companies, marketing companies and others - greater access and more control of our personal medical records.  

It's now time for average citizens to have their say.  H. J. Res. 38 - "The Medical Privacy Protection Resolution" was submitted Thursday, 3/15/01 by Congressman Ron Paul, a practicing physician for over 30 years.  Dr. Paul's resolution, if passed and signed into law, would repeal the Department of Health and Human Services so-called "medical privacy rule."  The resolution will be considered under the Congressional Review Act of 1996 that allows Congress to repeal a federal agency's regulation on an expedited basis. 



Legislation

H. J. Res. 38 - Text of Bill   


 

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