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[IP] more on As electronic medical records legislation advances, breaches draw scrutiny



Begin forwarded message:

From: "David P. Reed" <dpreed@xxxxxxxx>
Date: July 26, 2006 10:18:55 AM EDT
To: dave@xxxxxxxxxx
Cc: ip@xxxxxxxxxxxxxx
Subject: Re: [IP] more on As electronic medical records legislation advances, breaches draw scrutiny
My wife, who manages a private practice covered by HIPAA, feels that complying with HIPAA is not terribly difficult, and the only issue is that *insurance company employees* are given far too much access to patient's private data, which in her case is extensive, including very personal and sensitive facts as a matter of routine (she sees people with emotional problems).
The cited "doctors" who walk away muttering about the burden of HIPAA are probably less doctors than business operators or investors in managed care companies, who have conflicts with their loyalty to patient privacy. (It is certainly that class of doctors who can afford high-priced lawyers and lobbyists to argue their case).
HIPAA is, if anything, too weak, with lots of loopholes and exceptions, beyond the core issues that support public health gains and medical research. 

David Farber wrote:



Begin forwarded message:

From: "M. Sean Fosmire" <hatgem@xxxxxxxxx>
Date: July 26, 2006 6:46:39 AM EDT
To: dave@xxxxxxxxxx
Subject: Re: [IP] As electronic medical records legislation advances, breaches draw scrutiny
So far, none of the reports on this new bill have mentioned that there was a law passed in 1996 that supposedly addressed this issue, and that the Department of Health and Human Services enacted a massive set of new regulations in 2000, effective in 2003, all to "safeguard patient privacy". Ask any doctor what HIPAA means to his practice. Most likely, he will shake his head and walk away muttering.
In an article that I published in my law firm's newsletter in May 2003, I observed: As an expression of the irony that seems to permeate Federal law, the original goal of "simplifying the administration of health insurance" was accomplished by the adoption of the most massive and confusing set of regulations seen in health care in the last ten years – and that is saying quite a lot. 
M. Sean Fosmire
hatgem@xxxxxxxxx
Garan Lucow Miller, P.C.
Marquette, Michigan
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On 7/25/06, David Farber <dave@xxxxxxxxxx> wrote: Subject: As electronic medical records legislation advances, breaches 
draw scrutiny

As the House of Representatives hammers out details about what federal
electronic medical records privacy policy (if any) should look like,
and whether it should trump stronger state laws,

( http://www.healthcareitnews.com/story.cms?id=5227  ). . .


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