CONGRESS FACES AUGUST DEADLINE TO TACKLE THE MEDICAL PRIVACY PROBLEM

CONGRESS FACES AUGUST DEADLINE TO TACKLE THE MEDICAL PRIVACY PROBLEM

No comprehensive federal law exists to protect the privacy of personal medical records. Congress has until August 21, 1999, to enact medical privacy legislation. After that the responsibility fall to the Secretary of HHS to promulgate regulations as mandated by the Health Insurance Portability and Accountability Act of 1996. The Medical Information Privacy and Security Act (MIPSA) would fill that gap.

Patients' Rights Under The Medical Information Privacy and Security Act

The right to inspect, copy and supplement your own medical record
The right to a clear explanation of who can see your health information and why before it is disclosed
The right to limit disclosure of your health information only to those directly involved with your health care
The right to have privacy protections for your medical records as strong as your video rental records by requiring law enforcement agents to first obtain a warrant before access to your health files.
The right to ask your state officials for even stronger medical privacy protections. MIPSA creates a "federal floor" which does NOT preempt stronger state medical privacy laws.

WHO CAN SEE YOUR MEDICAL RECORDS UNDER CURRENT LAW?

Anyone Can Disclose, Use, Share And Sell Your Health Information Without Your Knowledge or Consent

Scenario: You go to your doctor about a bad cough. Here is a partial list of those who could see your health information from your visit:

Doctors, nurses, hospital and health plan quality improvement and assurance personnel, retail pharmacist, consulting health care providers, clinical laboratories, chest xray imaging center, publicly funded and privately funded medical researchers, lawyers in malpractice cases and their private investigators, your health insurance company, your employer, pharmacy benefits managers, life insurance companies, data mining companies, health care accrediting organizations, government health fraud investigators, courts, grand juries, law enforcement officers, the agents and employees of all these organizations . . .

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