Medical Privacy
AAPS Asks U.S. Supreme Court to Protect Patient Privacy
AAPS filed an amicus brief today with the U.S. Supreme Court in support of patients' rights to the privacy of their medical records. The question before the court is whether the Court will review the West Virginia Supreme Court's ruling allowing state law to mandate that state-run psychiatric hospitals disclose nearly all patient records to an independent organization without patient authorization. Read our brief at: http://aapsonline.org/judicial/aaps-amicus-wv-v-eh-4-14-2016.pdf It reads in part: Medical privacy is an issue of national significance. The degree of confidentiality that a patient retains in his mental health records as guaranteed by federal law – but improperly overruled... read more
Patient Privacy Is an Illusion, States Journal of American Physicians and Surgeons
The medical record has become a tool for oversight and research, without requiring consent, overriding patients’ rights to privacy, writes Susan Israel, M.D., in the winter issue of the Journal of American Physicians and Surgeons. Data compiled from electronic medical records and insurance claims will be used to create treatment “guidelines” that will define value-based care. Physicians will be pressured to follow them in order to be “paid for performance,” Israel explains. Patient and physician behavior will be tracked and scrutinized, eliminating privacy from medical practice. Physician initiative will decline, and patients will have no recourse but to accept the... read more
Health Policy Legislative Update - 9/22/2015
Health Policy Legislative Update - 9/22/2015
Another Privacy Grab in Sheep’s Clothing Is any health information private? Is any health information really non-identifiable? On September 8, 2015 the House passed H.R. 1725, the National All Schedules Prescription Electronic Reporting Reauthorizing Act of 2015, sponsored by Rep. Ed Whitfield, (R-KY). The bill amends the National All Schedules Prescription Electronic Reporting Act of 2005 to include as a purpose of state-administered controlled substance monitoring systems ensuring access to prescription history information for the investigative purposes of appropriate law enforcement, regulatory, and state professional licensing authorities. The bill also requires states to provide HHS with aggregate data and other... read more
Patient Privacy Is at Risk in Case before U.S. Supreme Court, AAPS Tells Court
Patient Privacy Is at Risk in Case before U.S. Supreme Court, AAPS Tells Court
Patient privacy is under siege, and the latest intrusion is by States that are building massive databases of patient records. About 16 States want to be Big Brother in constructing health care databases to monitor their residents. This puts patients’ privacy at grave risk of disclosures that could ruin their careers. A federal appellate court, the Second Circuit, had blocked enforcement of Vermont’s database requirement against Liberty Mutual Insurance Company, and the court properly cited privacy concerns as a reason. “Vermont requires ERISA plans to record, in specified format, massive amounts of claims information and to report that information to... read more
AAPS Asks Court to Protect Patient Medical Records
AAPS Asks Court to Protect Patient Medical Records
On Monday July 13, 2015, AAPS filed an amicus brief asking the United States Fifth Circuit Court of Appeals to overturn a lower court ruling allowing patient medical records be turned over to the federal government without a warrant. Click here for PDF of full brief. Without a warrant and without initially identifying themselves, federal agents searched patient medical records in an office of Dallas-area physicians, based merely on a state administrative subpoena. A month later the Drug Enforcement Administration (“DEA”), based on representations by one of those federal agents, sought to enforce an administrative subpoena demanding production of records... read more
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