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The ACLU and Medical Privacy
With public frustration about the quality of medical care ballooning, both Democrats and Republicans have proposed legislation that attempts to remedy many of the complex problems created by the current health care system. A number of their suggestions are good, but these socalled "Patients' Bill of Rights" proposals are also dangerous. They either trample on our privacy rights or fail to address threats to medical records privacy.
Congress and the Administration must take the fundamental issue of privacy into account in any such legislation they consider.
Protect Your Medical Privacy!
Access to patients' medical records should never be given to anyone other than their immediate health care provider without the patients' permission. While proposals for linking patients' medical records in massive national databases seem like a good way to simplify recordkeeping and the sharing of medical information, they also mean that there will be virtually no restriction on who can access your medical records without your knowledge or permission. Government, businesses, insurance agencies, employers and other entities will easily obtain highly personal information that should be shared privately between patients and their immediate health care provider. The result could be job loss, unwanted or misleading solicitations from businesses (such as pharmaceutical companies and other organizations that would profit from the information), loss of insurance coverage and government search of medical records without a warrant.
The use of national ID numbers to streamline medical records is a dangerous extension of the government's power. The deceptively labeled "Administrative Simplification" amendment to the 1996 Health Reform Act would foist a "Unique Health Identifier" on each citizen, linking a person's medical records from cradle to grave and allowing access without a citizen's knowledge or consent.
Public officials must set a floor of privacy protection nationally and not wipe out state laws that are more protective of patients' rights. Current laws afford more protection for your movie rental records than your medical records. Some states, like Massachusetts have established solid medical records protections. Any federal law must not supersede good statelevel protections.
As Americans' frustration with HMOs continues to mount, politicians see a golden opportunity to score points with voters. Let them know that "Patients' Rights Bills" must contain clear protections for the confidentiality of citizens' medical records.
Take Action -- Contact your U.S. Senators and Representatives!
