CCHC Disputes NAIC’s
Opt-in Privacy Protections
for Gramm-Leach-Bliley Legislation
Rep.
Karen Clark asks to distribute CCHC form to constituents
St. Paul, Minnesota—CCHC’s testimony
served to dispel the perception that medical privacy is protected in proposed
Gramm-Leach-Bliley conforming legislation. Privacy issues of the various state
proposals were discussed this morning in a joint hearing of the Minnesota House
Jobs and Economic Development Policy Committee and the Minnesota Senate
Commerce Committee. The joint committee was chaired by Rep. Greg Davids
(R-Preston) and Sen. Linda Scheid (D-Brooklyn Park)
”There are at least 31 exceptions to the requirement for consumer consent in
the opt-in provision” of the NAIC model draft legislation, said Twila Brase,
president of CCHC who provided legislators with CCHC’s privacy declaration
forms.
OPT-IN VERSUS OPT-OUT
The National Association of Insurance Commissioners (NAIC) has provided draft
legislation that states can enact to meet the federal requirements of the
Financial Modernization Act of 1999, also known as the Gramm-Leach-Bliley Act.
The NAIC would provide for opt-out provisions for financial data and opt-in
provisions for health data. Opt-in requires consent before sharing of data.
Opt-out allowing sharing of data until the consumer asks it to be discontinued.
RAMIFICATIONS FOR MEDICAL PRIVACY DISPUTED
CCHC made it clear that the NAIC exceptions provide little protection of
medical data, and that Minnesota’s medical records law could also be negatively
impacted. Minnesota medical records law is the nation’s most protective
regarding medical research. Patient consent is required.
Disputing Rep. Fran Bradley’s (R-Rochester) assertion that Minnesota’s
medical privacy law has “unintended consequences” and Department of Commerce
Commissioner James Bernstein’s assertion that citizens “cannot participate in
legitimate research,” Brase noted that Minnesota’s consent requirement exists
only for researchers external to the institution holding the medical records.
In addition, patients who do not respond to letters requesting patient
consent for access by external researchers, are considered to have given ‘implied
consent’ - perhaps against their wishes. Brase recalled that according to
testimony given by Mayo Clinic several years ago, approximately 16 percent of
Mayo’s patients are considered to have given implied consent.
CONSUMER FORMS DISTRIBUTED TO COMMITTEE
To delineate the 31 exceptions, Brase distributed to the committee CCHC’s
recently released Declaration form for financial institutions. One additional
exception was added to the form to clarify that no consent is required to share
information with affiliated third parties.The form provides consumers with
accurate information on data sharing and allows consumers to express their
intent for the handling of their personal, medical and financial data. As Brase
explained to the committee, consumers can sign and date the form and provide it
to their financial, investment and insurance institutions.
Rep. Karen Clark (D-Minneapolis), who had already noted her opposition
to opt-out provisions, asked Brase if she could mail the CCHC form to all her
constituents. Brase replied in the affirmative, noting that the Declaration
form, along with other Declaration forms (federal privacy rule exceptions to
consent and the OASIS federal home health database), is publicly available on
the CCHC website: http://www.cchconline.org
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