-Caveat Lector-

-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
Sent: Saturday, July 03, 1999 12:09 PM
To: [EMAIL PROTECTED]
Subject: [conservative] THIS ONE IS REALLY BAD FOR ALL OF US/young and
older


From: [EMAIL PROTECTED]

THIS ONE IS REALLY BAD!!!!   BIG BROTHER HAS ARRIVED!!

WE HAVE TO STOP THIS IMMEDIATELY!!!

CONGRESSMAN GREG GANSKE (IOWA) JUST SUCCEEDED IN SNEAKING IN A PROVISION TO
A
MASSIVE BILL, LATE IN THE LEGISLATIVE PROCESS, BEFORE A MAJOR HOLIDAY
WEEKEND, LIED ABOUT WHAT IT REALLY WAS, AND NOW, IT HAS BEEN PASSED BY A
HUGE
MAJORITY IN THE HOUSE!!!   IT ALLOWS CREDIT AGENCIES WIDE ACCESS TO OUR MOST
PRIVATE MEDICAL INFORMATION, WITHOUT OUR PERMISSION!!!! Translation.......
if
you are sick with cancer and try to get credit to help you pay your bills,
you may be denied credit because you have a diagnosis they do not like!!!!

It seems like our Congressmen DO NOT READ THE BILLS THEY SIGN, OR ARE JUST
GUILTY OF MALPRACTICE!!!  This is no joke, THIS IS REALLY SCARY FOR EVERY
ONE
OF US!!!

WE NEED TO SPEND OUR WEEKEND E-MAILING, WRITING LETTERS, CALLING OR WHATEVER
IT TAKES TO GET THIS KILLED, or you may be denied a mortgage, college loan
for your kids, or whatever, if the credit agencies do not like your
diagnosis!!!

PLEASE, IF YOU DO NOTHING ELSE THIS WEEKEND, FIGHT THIS, NOW!!! WRITE THE
HOUSE, THE SENATE AND THE WHITE HOUSE.  THIS IS WHAT OUR GROUP IS ABOUT!!
THIS IS WHAT WE DO SO WELL TOGETHER!!!!   Los Angeles Times reports this
today!!


***********
 Friday, July 2, 1999
House Approves Disclosure of Private Medical Records
By ALISSA J. RUBIN, Times Staff Writer

 WASHINGTON--Individual medical records, including patients' genetic
information, could be disclosed by health insurers to credit card companies
and other financial institutions under legislation overwhelmingly approved
Thursday by the House.

     The controversial provision is embedded in a massive bill overhauling
the financial services industry, which passed, 343 to 86. The provision was
slipped into the measure late in the legislative process and was advertised
as a medical confidentiality provision by its sponsor, Rep. Greg Ganske
(R-Iowa), who is a doctor.

     Ganske said that his intention in adding the provision was to protect
consumers' medical records and to allow their disclosure only for billing
and
other health care operations.

     But privacy experts said that it is virtually a "publicity" provision
that, because of the way it is worded, would allow broad disclosures of
private medical information without a patient's permission.

     "Under this legislation, a health insurer can send a patient's
diagnosis
to a credit agency. They can say, in effect, 'By the way, Joan Smith has a
brain tumor; don't lend her any money,' " said Tim Westmoreland, a senior
policy fellow at Georgetown University Law Center.

     A number of groups, including the American Medical Assn., the American
Civil Liberties Union and the American Psychiatric Assn., oppose the
provision.

     Although the Clinton administration supports the bill as a whole, it
urged Congress to drop the medical confidentiality section because it could
undermine privacy protections. But lawmakers said that Clinton is unlikely
to
veto the bill over the medical privacy provision alone.

    If the bill becomes law, it would mark the first time since the Great
Depression that the nation's banking laws have been overhauled. The goal of
the popular legislation is to allow financial services firms--banks, savings
and loan associations, investment banking firms, brokerage companies and
insurers--to compete in each other's lines of business. The Senate already
has approved a financial services modernization bill but did not include any
mention of medical privacy.

     It is unclear whether the medical privacy provision will remain part of
the financial services bill. It could be removed in a House-Senate
conference
committee, which would have to work out differences between the two versions
of the legislation.

    Both houses of Congress are working on separate medical confidentiality
legislation, which could come to votes later this summer. Currently there
are
no comprehensive federal laws protecting individual health information.

     Lawmakers feel a need to move quickly. If they fail to act by late
August, Health and Human Services Secretary Donna Shalala is required to
issue regulations protecting the privacy of electronic medical records.

    The legislation approved Thursday would allow medical information held
by
insurance companies to be released for a variety of purposes, including to
determine charges for premiums and for research projects of any
kind--medical
and nonmedical.

     Among the entities who could review individual medical data are credit
card companies and banks. There is no restriction on how they could use the
information.

    Ganske, author of the provision, and lobbyists for the banking industry,
said that the privacy section was worded to make certain that insurers,
banks
and credit card companies had the information they need to pay patients'
bills and that there was no intention to codify the use of private medical
data for other purposes.

    "This deals with the ability to bill and perform standard insurance
functions," said Ganske. People "could pay for genetic tests with their
Mastercards and then the credit card [company] would need information to pay
for it."

     But privacy experts pointed out that there is no restriction on what
the
credit card companies could do with the information. The legislation makes
no
distinction between disclosures of debts or payment records--which might be
necessary to process bills--and disclosures of diagnoses or treatments, they
said.

     "There is no need to disclose such sensitive records," said Jeff
Crowley, who represents the Consortium of Citizens With Disabilities, a
nonprofit group based in Washington. "If a credit agency or broker receives
information from an insurer, there are no limits on how they may use it. . .
. Once released, the recipient may send the information to newspapers,
mortgage bankers, divorce lawyers."

     That was not the intention of the legislation, insisted John Byrne,
senior counsel for the American Bankers Assn.

     "From our perspective, we simply want the ability to process payments .
. . and that's all we're looking for," he said.

     Several members of the California delegation have been particularly
outspoken in their opposition to the bill, in part because the state has
strong medical privacy protection laws, which might be preempted by the
legislation.

=======================

Republicans trust the people;
Democrats trust government;
Fools trust politicians.


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by subduing the freeness of speech."
                        --- Benjamin Franklin

"A barking dog is often more useful than a sleeping lion."
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Bard

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