----- Forwarded message from Twila Brase <twila@cchc-mn.org> ----- PRESS RELEASE For Immediate Release April 13, 2001 ====================================== Citizens' Council on Health Care 1954 University Ave. W., Suite 8 St. Paul, MN 55104 http://www.cchc-mn.org ============================= CONTACT: Twila Brase, R.N., President 651-646-8935p ============================= Privacy Rule Not Complete St. Paul, Minnesota--While some privacy advocates are cheering the Bush Administration's decision to move ahead with the privacy rule, other groups say the rule contains less privacy than meets the eye. "We are pleased that the concept of patient consent has been retained by the Bush Administration, however, the rule still allows government officials and law enforcement to access medical records without patient consent or a search warrant." says Twila Brase, R.N., President of Minnesota-based Citizens' Council on Health Care (CCHC). FEDERAL LICENSE TO INTRUDE Little attention has been focused on the section of the rule which provides disclosures without authorization. The rule allows health care professionals, health plans, hospitals, and data clearinghouses to disclose medical data without patient consent to law enforcement agents, public health agencies, public policy and medical researchers, government officials, and other groups, such as organ transplant organizations. There is no requirement to comply with requests for disclosure, however, disclosure without consent is specifically permitted. "The rule provides a federal license to intrude. It permits keepers of patient data to disclose confidential information without patient consent for public health purposes, police investigations, and medical and policy research" says Brase. She says the result of this will be: * more individuals and groups claiming to be involved in public policy and medical research gaining access to medical records. * centralized and nationally linked patient databases built by state and federal government officials. * dismissal of citizens' Fourth Amendment protections against search and seizure without a search warrant. The rule also gives the U.S. Department of Health and Human Services (HHS) full access to medical records to enforce the provisions of the privacy rule. "What everyone seems to have missed in this privacy rule is that to a certain extent, private medical records have just been deemed public property." Brase asserts. GOVERNMENT OFFICIALS CAN SHARE DATA Brase says the patient consent requirements should extend to all access and disclosures of medical records. If law enforcement cannot get consent, they should be required to get a court order or a search warrant prior to access, she says. Brase points out that once government and law enforcement officials have the data, there is no requirement for them to follow the rule: "There's nothing in the rule to keep government officials from sharing, linking, trading, transferring or selling the data if they so choose." CHANGES TO BE MADE HHS will be making revisions to the rule for the next 12 months, a period in which CCHC hopes that government access will be trimmed by patient consent and search warrant requirements. "Goverment access is a huge loophole in the privacy rule. Either patient privacy is protected or it is not. There can be no half loaf of privacy, because once the data is out, it can go anywhere," Brase asserts. ### Citizens' Council on Health Care is a non-profit health care policy organization located in St. Paul, Minnesota. ************************************************************* A citizens resource for designing the future of health care ************************************************************* Citizens' Council on Health Care 1954 University Ave.W., Suite 8 St. Paul, MN 55104 651-646-8935 phone 651-646-0100 fax http://www.cchc-mn.org ************************** NOTE: If you do not wish to receive this email, contact CCHC to remove your name from the list. Thank you. ----- End forwarded message -----