more on ] Wow... no privacy left, is there?

[Dave Farber <dave () farber net>]

-----Original Message-----
From: Ken Deifik <kenneth.d () adelphia net>
Date: Fri, 13 Feb 2004 10:20:06 
To:dave () farber net
Subject: Re: [IP] Wow... no privacy left, is there?

At 08:27 AM 2/12/2004, you wrote:
 Citing federal case law, the department said in a brief that there is no federal common law protecting 
physician-patient privilege. In light of modern medical practice and the growth of third-party insurers, it said, 
individuals no longer possess a reasonable expectation that their histories will remain completely confidential.
 Dave,
 I work for a company that produces HIPAA notices and forms.  The guy I work for has had to live and breathe HIPAA for 
the last couple of years, and he quotes long passages of the law perfectly.  As the writer who has been hired to reduce 
the legalese in the forms, I've had to trudge through a bunch of the law myself.  I've also read through a bunch of the 
state law that preempts HIPAA.  (It beats sleeping pills.)
 
 When I heard the quote above on NPR yesterday I called my boss to tell him.  (There aren't too many amusements in the 
HIPAA business.)  He was completely unsurprised that the justice department would say what they said, even in light of 
HIPAA which, on its face, appears it say that we have a greater expectation than ever concerning confidentiality.
 
 He pointed out that just about every privacy right that is granted under HIPAA, and under state medical privacy laws, 
contains these huge exceptions like except where required by law, except when the request is made by law enforcement 
officials, and except in cases involving national security.
 
 Under the Bush administration we've been trained to look at the law as Orwell would have.  If the law is named the 
Save The Trees you can bet trees are going die, etc.  It seems that HIPAA, developed during the Clinton administration, 
but by the functionaries of a GOP congress, is a cover for codifying all kinds of invasions into our medical privacy.
 
 By the way, I do recommend that the next time you receive a HIPAA notice from a health care provider that you read it 
carefully, as there actually are some decent protections available.  My wife tried to get her contact lens prescription 
from her optometrist and he refused, as he probably makes his house payments and his vaction home payments on contact 
lens profits. Well, under HIPAA you are entitled to copies of ALL your medical records.  (I guess if Ashcroft is 
entitled, you should be too.)  I pointed this out to the Optometrist, who probably thought no civilian would EVER know 
this law.  My wife can now order contact lenses at competitive rates.

-------------------------------------
You are subscribed as interesting-people () lists elistx com
To manage your subscription, go to
  http://v2.listbox.com/member/?listname=ip

Archives at: http://www.interesting-people.org/archives/interesting-people/