http://article.nationalreview.com/?q=ODg4Y2FkYmFlZmQ4NGJkYjZhZTA2YjZkZTMwN2YzNTg
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August 20, 2009, 4:00 a.m.

Turning Uncle Sam into Peeping Tom
Another target of Obamacare: Americans’ right to financial privacy.

By Diana Furchtgott-Roth

Buried in the 1,017 pages of the House Democrats’ health-care bill is a
little-noticed provision that for the first time could give the government
access to the checking or credit-card information of every American. Under
section 163, which is entitled “Administrative Simplification,” the bill
sets new “standards” for electronic transactions between individuals and
their health-care providers.
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According to section 163, the standards will “enable the real-time (or near
real-time) determination of an individual’s financial responsibility at the
point of service . . . ” In addition, they will “enable electronic funds
transfers, in order to allow automated reconciliation with related health
care payment and remittance advice.”

What is envisioned is a “machine-readable health plan beneficiary card”
that, in addition to information about a person’s medical history, will
contain checking-account or credit-card information, so as to allow
electronic payments and, if a person is lucky, occasional remittances. Since
under the proposed legislation everyone would be required to have health
insurance, all Americans would have to provide this information.

The required collection of such data is unprecedented. At no other time has
the government sought to collect this type of financial information from
everyone in America.

True, the federal government has records of the checking accounts of its
employees for direct deposit of salaries. But that is linked solely to
employment. And yes, the Internal Revenue Service has checking-account
information for those Americans who are due tax refunds and who have
requested direct deposit of the refunds into their bank accounts. This,
however, is strictly voluntary. Those who want to receive paper checks in
the mail and take them to their banks are free to do so.

The idea of wholesale collection of che cking-account information by Uncle
Sam raises many questions. Who would see it? How would people be protected
from theft of their account numbers? Fundamentally, who would control this
sensitive information?

The answer to that last question is that it would not be the person who *
should* control it: the individual to whom it belongs. Although section 163
has a clause that reads “Nothing in this section shall be construed to
permit the use of information collected under this section in a manner that
would adversely affect any individual,” there are news stories all too
frequently of government data being lost or misused.

Just this week Kevin Young, a State Department career employee, pleaded
guilty to illegally accessing more than 125 passport applications for
celebrities, professional athletes, and a politician. He was the fifth
employee to plead guilty. And last January the Department of Veterans
Affairs paid current and retired military personnel $20 million because a
laptop with their personal data was temporarily lost in 2006.

There is no reason why the government, a health-care provider, or an
insurance company needs immediate electronic payment for any medical
service. Such services are no different from many others. Charges for goods
and services can be paid at the time of service with cash, a check, or a
credit card — think grocery stores, barbershops, department stores. Or the
provider of the service may send a bill — think utility companies and
mortgage holders. When people pay bills through direct withdrawal from a
bank account, they have chosen to do it this way, with other options
available.

Many people who reveal intimate details of their social lives are scrupulous
in guarding information about their earnings and bank accounts. These
matters are considered more personal than whom you went to dinner with last
night and what you did afterwards.

With section 163 of the House health-care bill, information we keep from our
closest friends would be open to government snoopers. We would not know
which bureaucrats were looking into our checking or credit-card accounts, or
what they intended to do with that information.

In America financial data are still private, and they should stay that way.

*— Diana Furchtgott-Roth is a senior fellow at the Hudson Institute and a
contributing editor to **RealClearMarkets*<http://www.realclearmarkets.com/>
*.*

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