[CTRL] Medical privacy bill (fwd)

2001-06-13 Thread MIKE SPITZER

-Caveat Lector-

- Original Message -
From: "Wes Thomas" <[EMAIL PROTECTED]>
To: "Mc@Topica. Com" <[EMAIL PROTECTED]>
Sent: Wednesday, June 13, 2001 9:21 PM
Subject: [MC] Medical privacy bill


>
> Unbelievable. New federal "privacy" regulations mandate that doctors turn
> patient records over to the HHS and other federal agencies for
> "safekeeping"; allow the release of medical records to other government
> agencies without patient consent for unspecified "public health"
> surveillance activities; and permit law enforcement agencies to access
> medical records without a search warrant. Contact your congressperson now
to
> support Rep. Ron Paul's medical privacy bill.
>
>
> http://www.lp.org/lpnews/0106/medprivacy.html
>
> Rep. Ron Paul's medical privacy bill picks up eight more House
co-sponsors
>
>
> A bill filed by Congressman Ron Paul (R-TX) that would repeal new federal
> "privacy" regulations has picked up eight more co-sponsors over the past
> month -- while the Libertarian Party's cyberpetition in support of the
> legislation has garnered another 4,000 signatures.
>
> Since mid-April, when the LP refocused its medical privacy campaign to
> generate support for HJR 38, Paul's resolution has picked up six
> Republicans, one Democrat, and one independent supporter. The bill now
has
> 11 co-sponsors.
>
> In addition, the number of signatures on the cyberpetition -- at the
> Libertarian Party's pro-privacy website, www.DefendYourPrivacy.com --
> against the so-called privacy regulations had hit 58,255 by May 18, up
from
> 54,130 a month earlier.
>
> "Our campaign is definitely picking up momentum," said LP National
Director
> Steve Dasbach, who is helping coordinate the campaign. "We still have an
> uphill battle, but we're making definite progress."
>
> However, he said, time is short: Both the House and Senate must pass HJR
38
> within 60 legislative days in order to stop the Health & Human Services
> privacy regulations, which would force doctors to turn their patients'
> confidential medical records over to the government.
>
> "In other words, we only have until about June 15 to generate enough
> Congressional support for HJR 38 to stop this federal raid on our medical
> privacy," said Dasbach.
>
> HJR 38 would declare that the HHS rules "have no force or effect."
>
> The Libertarian Party opposes the HHS regulations -- which were
originally
> drafted by and endorsed by the Clinton administration -- because they
would
> effectively "kiss your medical privacy goodbye," said Dasbach.
>
> Although touted by government officials as "medical privacy" regulations,
> the rules would actually mandate that doctors turn patient records over
to
> the HHS and other federal agencies for "safekeeping"; allow the release
of
> medical records to other government agencies without patient consent for
> unspecified "public health" surveillance activities; and permit law
> enforcement agencies to access medical records without a search warrant.
>
> The rules would also assign every American a "unique patient identifier";
> allow foreign government officials to see Americans' health records if
the
> U.S. government claims it is for a "national health purpose"; and give
> direct marketers access to medical records without patient consent.
>
> The regulations are opposed by the Washington, DC-based Institute for
Health
> Freedom, the American Association of Physicians and Surgeons (AAPS),
> WorldNetDaily.com columnist Geoff Metcalf, and others.
>
> The party started a campaign against the regulation in late March, using
its
> www.DefendYourPrivacy.com website.
>
> At that time, the regulations were still in the proposal stage, so the
party
> encouraged people to contact their Congressional representatives and ask
> them to put pressure on HHS Secretary Tommy Thompson to reject the rules.
>
> The party generated more than 43,000 e-mails opposing the rules while, at
> the same time, Americans flooded the HHS with 24,000 anti-regulation
> letters.
>
> However, on April 12, President George W. Bush quietly ordered Thompson
to
> ignore the outpouring of complaints, and implement the regulations
> immediately.
>
> "More than 67,000 Americans spoke out against these regulations -- but
their
> opinions were ignored by the Bush Administration," said Dasbach. "That's
why
> we had to go to Plan Two, and try to block the regulations through the
House
> and Senate."
>
> To sign the petition and send an e-mail to your U.S. House representative
> and U.S. Senator urging support for HJR 38, visit:
> www.DefendYourPrivacy.com.
>
> "If these rules aren't stopped, your medical privacy will be in critical
> condition," said Dasbach.
>

===
  Kadosh, Kadosh,, YHVH, TZEVAOT

  FROM THE DESK OF:

*Michael Spitzer*<[EMAIL PROTECTED]>

The Best Way To Destroy Enemies Is To Change Them To Friends
===

[CTRL] Medical Privacy

2000-02-15 Thread Bob Stokes

-Caveat Lector-   http://www.ctrl.org/">
 -Cui Bono?-

http://www.worldnetdaily.com/bluesky_dougherty/2215_xnjdo_shalala_pu.shml




Shalala pulls plug
on public comment
No faxes allowed, e-mail restricted
on proposed medical privacy rules



By Jon E. Dougherty
© 2000 WorldNetDaily.com

Although Thursday marks the close of the 60-day public comment period on the
Department of Health and Human Services' new and controversial proposed
medical rules -- which critics say will destroy patient confidentiality and
lead to a centralized medical data base -- the giant federal bureaucracy has
made it so difficult for citizens to comment that even the ACLU is up in
arms.

The proposed rules, unveiled last fall by HHS, cite the need for new
standards "to protect the privacy of individually identifiable health
information maintained or transmitted in connection with certain
administrative and financial transactions."

However, critics of the plan say the new rules, if approved, would instead
move government closer to digitally warehousing medical information on all
Americans, while providing third parties easier access to private medical
records.

In accordance with federal rulemaking processes, the department established a
60-day commentary period, which ends Thursday, for the public to voice
opinions about the proposed rules.

But Health and Human Services has made the process too cumbersome, say those
who have tried to submit their views, prompting the American Civil Liberties
Union to complain about the process.

At one point the department accepted public comments by regular mail, fax and
via email over the Internet. But after receiving an inordinate amount of
complaints by fax -- some 2,400 according to the ACLU -- officials at HHS
stopped accepting faxes and admonished those seeking to voice their opinions
to use regular mail or the Internet.

Yet the email option consists of "registering" at the HHS website, answering
a list of invasive questions, and being assigned a unique identifier ID and
password before allowing comments to be submitted.

Mailing one's opinion is even more burdensome. Kent Snyder of the Liberty
Study Committee, which opposes the new rules, said an HHS advisory asks
citizens to "mail comments -- one original and three copies and if possible a
floppy disk as well."

The guidelines also say, "you should include your full name, address,
telephone number, and a central or knowledgeable point of contact with your
comments."

The ACLU issued a press advisory complaining about the cumbersome commentary
requirements.

"This is a classic case of David vs. Goliath," said Laura W. Murphy, director
of the ACLU's Washington Office. "The HHS system is set up so that it is far
easier for special interest groups like the insurance industry to weigh in
than it is for the average person to make their views known."

The civil rights organization said the Health and Human Services website is
"so complicated to use that it is virtually impossible to submit. And once a
user locates the form, HHS has made it unnecessarily complicated and
decidedly user-unfriendly."

"Where is the opportunity for the American public to tell Secretary Shalala,
'I am concerned,' without having to submit their comments in quadruplicate or
spend hours combing the agency's website?" said Murphy. "It is time for the
reality of how HHS operates to match the President's promise of public
participation."

Worse, after thousands of people had faxed comments to Health and Human
Services, ACLU officials were told by an agent of the Criminal Intelligence
and Investigations section of the Federal Protective Service that the
department would no longer accept faxes, suggesting the department considered
them threatening or dangerous to the safety of HHS officials.

Snyder said his organization has created a much simpler commentary form on
the home page of their website. Internet users wishing to send their opinions
about the proposed medical privacy rules will see a "copy" of a simple "memo"
addressed to HHS, along with general information questions and a comments
box.

"We plan to hand-deliver each and every response we get -- no matter the
point of view -- to HHS personally," Snyder said.

Health and Human Services Secretary Donna Shalala said Nov. 3 that her new
proposals were "an important first step" in protecting the medical privacy of
all Americans.

"Our proposals will provide Americans with greater peace of mind as they seek
care, yet they are balanced with the need to protect public health, conduct
medical research and improve the quality of health care for the nation,"
Shalala said.

Snyder said the rules would actually harm medical privacy by giving access
control of all medical records to a number of groups who don't currently have
access. They also give the federal government authority