ONE WEEK FROM TODAY, the email comment option ends (Sept 18). You will no longer be able to email public comments on Minnesota's proposed rule to require hospitals and health plans to send your private medical information to the State.

THREE WEEKS FROM TODAY, the judge will hold a hearing to consider the concerns of citizens regarding the State's plan to collect private individually-identifiable medical record information.

FIVE WEEKS FROM TODAY, your private detailed medical information could be deemed State property...unless you act.

It's up to you to make a difference. Many of you wrote letters forcing the judge to hold a hearing on the proposed rule. Now it's time to tell the judge and health department officials why you are opposed to the rule (sample below).

Act now! Your right to privately seek and obtain medical care is at stake.

TWO DEADLINES: You have only 7 days to use email. After September 18th (4:30 p.m.), your only option will be by fax or U.S. mail. And then only until October 11th. The judge will hear testimony on October 4th, and take written comments until October 11th.

It's easy to do it now. It will be hard later. Make use of advanced technology. Use your computer to deliver a message. (sample letter, email, mailing addresses and fax numbers found below)

Twila Brase RN

President, CCHC

651-646-8935ph

_________________________________

SAMPLE LETTER FOR PUBLIC COMMENTS

** Note that this is just a sample letter. If you use it, consider making changes so that officials cannot attempt to DISMISS it as a single organization's effort. (Rearrange it, use only some of the bullet points, split the bullet points in two, create a new bullet point.) Add at least a statement or two of your own personal thoughts. ALL LETTERS RECEIVED AT THE DEPARTMENT BY SEPTEMBER 18th, 4:30 p.m. WILL BE SENT TO THE JUDGE. After September 18th, you'll have to fax or mail your comments directly to the judge.

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Tracy Johnson,

Minnesota Department of Health

121 East Seventh Place, Suite 400

St. Paul, MN 55101

Dear Ms. Johnson:

RE: Proposed Permanent Rules Relating to Administrative Billing Data, Minnesota Rules, Chapter 4653.Thank you for taking public comments on this very important matter.I oppose the entire set of proposed rules for Chapter 4653 regarding state collection of medical, health, race, ethnic, age, demographic, diagnosis, treatment, prescription, insurance enrollment and administrative billing data. I am therefore requesting that you hold a public hearing on the proposed rule.

Some of my specific concerns are:

* Government should not have access to detailed individually-identifiable private medical record information without the consent of parents and patients. This violates the Fourth Amendment constitutional rights of citizens to be secure in their persons, houses, papers, and effects and free from unreasonable searches or seizures. (Section 4653.0200)

* Although the proposed rule says it will protect my privacy, my privacy begins with my doctor. Accessing my private health and medical data without consent is a violation of my privacy. The rule's privacy and security sections therefore do not lessen my opposition to the rule (Section 4653.0200, Section 4653.0900)

* Because the Commissioner of Health can add data requirements without public notice or public comment, the state could require genetic or lifestyle data (smoking, sexual activity, drinking, firearms) to be transmitted and stored in government databases. (Section 4653.0200)

* Because health officials will receive computerized identifiable medical, demographic and other data, they will be able to electronically monitor my health care decisions and create an ongoing profile of me and my family. (Section 4653.0200)

* Using medical data for research without consent violates the Nuremberg Code, which requires that research only be conducted with the consent of research subjects. (Section 4653.0200, Section 4653.0500)

* The proposed rule jeopardizes the confidentiality necessary for good, accurate and timely medical care.Thank you for your serious consideration of my concerns.

Sincerely,

Your first and last name

Street Address

City, State, Zip

_________________________________________

EMAIL/ADDRESSES/RULES FOR PUBLIC COMMENTS

To be considered VALID, your letter must contain 1) a statement that says that you oppose the entire set of proposed rules or identifies the section of the rule you oppose and 2) your name and address.

BY EMAIL: [email protected] (UNTIL SEPTEMBER 18, 4:30 pm)

BY MAIL:

1) Direct to the Judge: (UNTIL OCTOBER 11, 2002):

Judge Allan W. Klein, Office of Administrative Hearings, 100

Washington Square, Suite 1700,Minneapolis, MN 55401-2138 (FAX

612-349-2665, Phone: 612-341-7609)

* Remember to address the letter to the judge as well as the envelope.

2) To the Minnesota Department of Health (UNTIL SEPTEMBER 18, 2002): Tracy Johnson, Minnesota Department of Health, 121 East Seventh

Place, Suite 400, St. Paul, MN 55101. (FAX: 651-282-5628, Phone:

651-282-5650)

* All letters sent to the department will be shared with Judge Klein.

Consider emailing CCHC a copy of your comments: [email protected]

_________________________

FYI: DATA TO BE COLLECTED

Health insurers and hospitals will together electronically transmit nearly 100 data elements, including patient name and gender, date of birth, patient identification and medical record numbers, patient address, patient race and ethnic background, patient employment and marital status, medical and mental health diagnoses, procedures performed, medications prescribed, health status, doctor's names and identification numbers, name of health insurer, name of hospital, dollar amount charged, total sum of medical bill, type of insurance, hospital discharge and admission dates, cause of injury and date of onset of illness, injury or pregnancy. Health officials will also be given data on the number of service units (days, visits, miles, or injections) that were provided to individuals patients during the entire year. (Section 4653.0200, pp 246-9)

To Read the Rule:

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A free-market resource for designing the future of health care

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Citizens' Council on Health Care

1954 University Ave.W., Suite 8

St. Paul, MN 55104

651-646-8935 phone

651-646-0100 fax

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NOTE: If you do not wish to receive this email,

contact CCHC to remove your name from the list.

Thank you.