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February 2009

Electronic Medical Records Privacy Protections

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  • Electronic Medical Records Privacy Protections
    In October, 2005, we reported that the U.S. Department of Health and Human Services was implementing plans for a national system for electronic health records and that some organizations were documenting concerns that this would bring about the loss of personal control of our private medical records.

    In late 2006, we alerted you to a court decision that indicated that you have no legal recourse if your medical records are shared without your consent.

    In 2009, this matter appears to be evolving into a situation where in the U.S. there will be mandatory participation in a national program of electronically storing all medical records. The current economic stimulus bill that passed the U.S. House of Representatives and is being debated in the U.S. Senate includes a provision that a mandatory electronic medical records system be fully implemented by 2014. (It also includes the establishment of a council that will decide what kind of medicine the government approves of, but this is a separate issue.) Under this program, individuals would not have the opportunity to opt out of participating. Privacy advocates are alerting the public that information about abortions, mental health problems, impotence, being labeled as a “non-compliant patient,” lawsuits against doctors, and sexual problems could be shared electronically with perhaps millions of people. The terms of the new electronics medical records system appear to reverse the Health Insurance Portability and Accountability Act of 1996 and other regulations currently protecting the privacy of your medical information and requiring your permission to be shared.

    What the final compromise economic stimulus bill will contain when the House and Senate have negotiated compromises is not known as of this date. However, as the medical records provision is in both versions, it is expected to remain. What is developing is that lobbying is being done to decrease what privacy protection does exist in the bill.

    Issue: Does the proposed mandatory national electronic medical records system have sufficient protection of my privacy rights?
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