NoMedicalPrivacyLaws
You may already be familiar with the medical maverick, Jonathan Wright, M.D., known for introducing America to natural medicine and for teaching doctors all over the world of his applied nutritional research, vitamin cures for chronic disease, natural hormone therapies, and fearless attitude toward the FDA and pharmaceutical companies. He’s often referred to as “the greatest medical detective of our time,” and among fellow physicians, he isn’t merely a leader, he’s a legend. I’m happy to introduce Dr. Wright as part of the incredible health network we have access to here at HSI.
In the April 2001 issue of Dr. Wright’s own newsletter, Nutrition & Healing, he mentioned a set of new “Medical Privacy Rules,” that were developed by the Clinton Administration during that former president’s last few months in office. As Dr. Wright pointed out, these “privacy rules” were in fact the rules of “NO Privacy,” and urged his readers to write letters, send e-mails, call-in, etc. The situation has only intensified over the past few months, as the deadline for any action to change these rules draws near. Today he asks that you read his message while there is still enough time to make a difference.
Special Update: The “NO MEDICAL PRIVACY RULES”
By: Jonathan Wright, M.D.
You must act now to preserve your medical privacy-or it will disappear on June 15!
Unfortunately, the Bush Administration has decided to accept the deceptively-named “Medical Privacy” regulations adopted in the last months of the Clinton Administration without making any changes that would actually safeguard privacy in your medical records.
As detailed in the April 2001 issue of Nutrition & Healing, these privacy-violating regulations specify that:
* Your medical records must be shared, without your consent, with the U.S. Department of Health and Human Services
* There will be increased disclosure of your medical records without your consent to a variety of organizations
* If your medical records are in an unauthorized electronic databank prior to February 26, 2003, the new “privacy” rule specifically exempts that information from disclosure rules
* Your doctor (or HMO) may refuse to treat you unless you agree to disclosure of your records as the doctor (or HMO) sees fit
* In most cases, you won’t even be told that your medical records have been released without your consent
* You cannot sue if you think your medical privacy has been violated.
A One-size-does-not-fit-all approach to health care
In an attempt to stop further federal invasion of our medical privacy, Representative Ron Paul (R-TX) has introduced House Joint Resolution (HJR 38) to hopefully cancel the implementation of these federal medical “privacy” rules. The resolution reads:
“Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, that Congress disapproves the rule submitted by the Department of Health and Human Services on December 28, 2000 (volume 65, number 250, page 82462 of the Federal Register), relating to standards for privacy of individually identifiable health information, and such rule shall have no force or effect.”
This could be the most blatant case of false advertising coming out of Congress in years!
In announcing this resolution, Representative Paul said, “Many things in Washington are misnamed; however, this regulation may be the most blatant case of false advertising I have come across in all my years in Congress. Rather than protect an individual’s right to medical privacy, these regulations empower government officials to determine how much medical privacy an individual needs.” He continued, “This one-size-fits-all approach ignores the fact that different people may prefer different levels of privacy. Certain individuals may be willing to exchange a great deal of their personal medical information in order to obtain certain benefits, such as lower-priced care or having information targeted to their medical needs sent to them in a timely manner. Others may forgo those benefits in order to limit the number of people who have access to their medical history. Federal bureaucrats cannot possibly know, much less meet, the optimal level of privacy for each individual.”
It’s a direct violation of the Fourth Amendment
These so-called mecial “privacy” regulations actually threaten our constitutional liberties. Representative Paul explains, “These regulations allow law enforcement and other government officials access to a citizen’s private medical records without having to obtain a search warrant. Allowing government officials to access a private person’s medical records without a warrant is a violation of the Fourth Amendment to the United States Constitution, which protects American citizens from warrantless searches by government officials. The requirement that law enforcement officials obtain a warrant from a judge before searching private documents is one of the fundamental protections against abuse of the government’s power to seize an individual’s private documents.”
You must act now!
Since House Joint Resolution 38 was filed under the Congressional Review Act, Congress has until June 15, 2001 to repeal the federal medical “privacy” rules. Otherwise, they will become a permanent part of federal law, and our medical privacy will be gone.
If you value your privacy, call, fax or e-mail your Senators and Congressman today! It’s almost June 15; there really isn’t time to write! If you don’t know the telephone number, there’s a Congressional switchboard that will connect you with any Senator or Congressman; tel. (202) 225-3121. Or, to send an email, visit www.defendyourprivacy.com, which will help route your e-mail, and give you as much additional information on this topic as you need. But please, DO THIS TODAY! Otherwise, you’ll have no medical privacy left.
Copyright 1997-2002 by Institute of Health Sciences, L.L.C.
