Coalition Says Health IT Legislation Needs Privacy Protections

WASHINGTON–Legislation introduced in the Senate and the House
to hasten the implementation of a national health information
technology system doesn’t have enough privacy protections, a group
of advocates said Thursday.

The Coalition for Patient Privacy said in a statement that the
Wired for Health Care Quality Act (S. 1693), pending consideration
by both chambers last week, “does not recognize or protect
Americans’ right to health privacy.”

“In fact,” the group continued, “the bill authorizes the
Secretary of Health and Human Services to issue standards
eliminating the individual’s right to health privacy without even
providing an opportunity for public comment.”

S. 1693 was introduced by Sen. Ted Kennedy, D-Mass., chairman of
the Senate Health, Education, Labor, and Pensions Committee. The
committee approved the bill June 27. A companion bill was
introduced in the House on Oct. 10.

Earlier this year, Kennedy and Sen. Patrick Leahy, D-Vt.,
introduced the Health Information Privacy and Security Act of 2007,
a bill designed to create tighter HIPAA rules, giving patients the
power to decide when, and to whom, their health information is
disclosed (see
HomeCare Monday, Aug. 27).

The coalition wrote in a letter last week to Rep. Neil
Abercrombie, D-Hawaii, senior member of the House, that, “despite
the good intentions of the Health Insurance Portability and
Accountability Act and its ‘Privacy Rule,’ the current regulations
leave all Americans’ personal health information completely
vulnerable and exposed.

“State laws, common laws and the Constitution are there for
protection,” the letter continued. “Yet the HIPAA ‘Privacy Rule’ is
really a ‘Disclosure Rule’ that authorizes more than 4 million
entities to use and disclose an individual’s health information.
This disclosure is without the individual’s consent and over their
objections.”

The letter references a 2006 Markle Foundation survey that found
three-fourths of Americans “want Congress to ensure that our right
to health privacy is protected in electronic systems and that
electronic health databases and systems are truly secure.” It also
notes a Health Industry Insights Poll that found 86 percent of
American consumers “are somewhat or very concerned about the health
industry’s ability to protect the privacy of personal health
information in deploying electronic health records (EHRs).”

“Medical care is one of the most intimate, personal services in
every individual’s life … Infringements on that relationship are
among the most destructive things the state can possibly do to its
citizens,” William Westmiller, national chairman, Republican
Liberty Caucus, one of the advocacy groups involved in the
coalition, said in a statement regarding the bill. “Every patient
has a right to absolute privacy and totally confidential treatment,
just as fundamental as the right to their own life.”

To view the text of S.1693, go to
http://thomas.loc.gov.