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.