New Coverage on HIPAA Privacy Rules: The good, the bad and the ugly

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Association of American Physicians & Surgeons

The Voice for Private Physicians Since 1943

www.aapsonline.org     

 

NEWS COVERAGE ON HIPAA PRIVACY RULES: The good, the bad and the ugly.

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1.  Summary of news stories on HIPAA privacy regulations -- some good, others misleading.

2.  AAPS public education campaign, news conferences & ad result in numerous stories – links to stories.

3.  Most stories omit loss of consent and other privacy violations

4.  Sample letter to the editor to send to your newspaper by Friday.

5.  Example of simplistic story from Associated Press. 

6.  Educational fund still short of paying for ad.

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NEWS STORIES; SOME FAIR & BALANCED, OTHERS MISLEADING

Our massive public education efforts about the truth about the so-called HIPAA Privacy Rules have garnered tremendous results.  We have been interviewed by dozens of newspaper reporters, as well as set up interviews with AAPS members for local television stations, and appeared on talk radio shows.

 

There have been hundreds of news stories covering the new HIPAA Privacy Rules, including a number including information or comments from AAPS.  An article on WorldNetDaily.com even included a link to the “Model Patient Medical Record NON-Disclosure Form” on our website!  (LINK TO STORIES INCLUDING AAPS COMMENTS)

 

Some are balanced stories, including comments from critics, but others amount to virtual HHS news releases featuring cheerleading from Secretary Tommy Thompson.  The Associated Press article pasted below is typical of these stories, with a misleading headline and simplistic reporting on a complex topic.  Some are even worse.

 

SET THE RECORD STRAIGHT -- SAMPLE LETTER TO THE EDITOR

Don’t let the misleading stories go unanswered.  Below is a sample letter to the editor.  PLEASE SEND OUT NO LATER THAN COB FRIDAY, APRIL 18 TO INCREASE CHANCES OF PUBLICATION. 

 

Here are some tips:

  • Newspapers prefer email submission.  The address is usually listed on the editorial page, or you may submit directly from their websites.

  • If you don’t email, please us fax rather than mail.   Snail mail will be too late.

  • Include your full name, address and daytime contact phone number. 

  • Please feel free to add your own touches, but do remember to keep it to about 200 – 250 words.  If you need help finding contacts for your local newspapers, please email Kathryn Serkes at kaserkes@att.net

 

Sample letter:

Dear Editor:

 

While masquerading as patient protection, new medical privacy rules that started on April 14 actually strip patients of privacy rather than protect them.  Even more frightening – they could actually risk lives.

 

When patients read their new privacy paperwork, they’ll notice two big changes.  First, the form is only a “notification” of how their records may be disclosed, not a consent form.  And second, it states plainly that patients have lost the ability to consent to disclosure.  Sample forms explain that while they have the right to request restrictions on use or disclosure of your information, no one is required to honor the requests.

 

The quality of patient care is dependant on free communication between patient and physician.  But a survey of doctors shows that anticipation of these regulations has chilled patients’ willingness to open up -- 87 percent have been asked by patients to lie or keep information out of their records.*

 

The frontline defense for medical privacy always has been the patient’s right to give or withhold consent to how his records are used and who sees them.  These rules throw that out the window. 

 

A physician member of Congress** recently called these “privacy” rules the most blatant case of false advertising he had every seen.  Patients should tell their doctors to refuse to participant in this destructive program and help get them repealed.

 

Sincerely,

(NAME)    (Address)    (Daytime phone)

* Association of American Physicians & Surgeons, posted at www.aapsonline.org

** Congressman Ron Paul, MD (R-TX), House floor, 4/11/03.

 

 

AD PLACEMENT – HELP STILL NEEDED

 

We still have significant shortfall to pay for the USA Today ad, so please make a contribution to the AAPS Educational Fund.  We still need more than $8,000. Every bit helps!

 

Click here to make your tax deductible contribution.

           

 

SIGN UP FOR MEMBERS-ONLY WEB OR JOIN AAPS TODAY

Advance release of AAPS news and reports is just another benefit of your AAPS membership. You’ll also receive free videos, the AAPS peer-reviewed journal, reduced meeting fees, and access to free limited legal consultation.

 

Staff members, chiropractors, dentists, podiatrists and other medical professionals are welcome to join as ASSOCIATE MEMBERS, as is the general public.

 

Join your colleagues in the best organization in medicine!

 

Find out more about joining AAPS - http://www.aapsonline.org/membership_physicians_students.htm

Sign up/log in members-only section of the website - http://www.aapsonline.org/membersonly.htm

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Association of American Physicians and Surgeons

1601 N. Tucson Blvd.  Suite 9

Tucson, AZ  85716

(800) 635-1196

(520) 325-4230 Fax

www.aapsonline.org

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Privacy rules for medical information start today

April 14, 2003

BY LAURA MECKLER

Associated Press

WASHINGTON--File cabinets with medical records are being locked. Callers to hospitals are getting little, if any, information about sick friends and relatives.

 

Pharmacy customers are being kept back from the desk so pharmacists can privately discuss medication with other patients.

 

Privacy rules that take effect today for most health plans will cover every health insurance company, hospital, clinic, doctor and pharmacy.

 

The rules, years in the making, prohibit disclosure, without patient permission, of information for reasons unrelated to health care. Violators face civil and criminal penalties that can mean up to $250,000 in fines and 10 years in prison.

 

''This is the biggest thing to hit the health care sector since Medicare,'' said Dr. Jeffrey Hausfeld, an ear, nose and throat doctor in the Washington area who has been advising his peers about the rules.

 

It is the first federal law that guarantees medical privacy.

 

Patients will receive notices explaining their rights, including the right to examine their medical records and to request corrections. Patients have a right to know if their records have been shared with police or with health authorities.

 

The rules bar doctors and hospitals from giving out patient information to third parties for marketing purposes or to employers, unless a patient specifically agrees.

Health care companies may not disclose information beyond what is minimally necessary to deliver care.

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