AFFIRMATIVE — MEDICAL — INHERENCY 226

STATUS QUO MEDICAL PRIVACY PROTECTIONS ARE INADEQUATE

THE STATUS QUO HAS INADEQUATE PROTECTIONS FOR MEDICAL INFORMATION

Modern Physician, May 1, 2000, Pg. 44 TITLE: Making privacy the priority // acs-EE2001

Even before the federal government made patient confidentiality an issue, Palo Alto (Calif.) Medical Foundation was pushing for action.

"It's needed," says Paul Tang, M.D., the medical director of clinical information. "The status quo provides inadequate protection for patients' information."

MEDICAL PRIVACY PROTECTIONS CURRENTLY IN PLACE ARE INADEQUATE

ROBERT PEAR, The New York Times, October 30, 1999, SECTION: Section A; Page 1; TITLE: RULES ON PRIVACY OF PATIENT DATA STIR HOT DEBATE // acs-EE2001

President Clinton kicked off an intense debate today on how to protect the privacy of medical records in an era when doctors can test their patients for genetic defects and send the information around the world with the click of a computer mouse.

In unveiling new rules to safeguard such information, Mr. Clinton said, "These standards represent an unprecedented step toward putting Americans back in control of their own medical records."

But doctors said the rules were inadequate and could actually erode some protections that patients now have. Several physician groups said they had been invited to today's White House ceremony, but stayed away because in many cases the proposal does not require that patients give consent before their records are shared, only that they be notified. Such a rule, they said, does not give patients enough control over the use and disclosure of their medical records.

YOU CAN BUY ANYONE'S MEDICAL RECORDS ON THE INTERNET NOW

Kasper Zeuthen, The Daily Yomiuri (Tokyo) September 7, 1999, SECTION: Pg. 7 TITLE: Reportage Nippon / Health information moves too freely in United States // acs-EE2001

"It is completely legal for someone to find out if a person has cancer, if the person is using drugs--or anything about you," said Amitai Etzioni, a George Washington University professor who recently published a book on the issue titled "The Limits of Privacy." "And indeed you can buy on the Internet for 400 dollars, more or less, anybody's medical records, with the exception of HIV," he said.

MEDICAL RECORDS HAVE FEWER PRIVACY PROTECTIONS THAN VIDEO RENTAL RECORDS

JANE E. ALLEN, Los Angeles Times, February 8, 1999, SECTION: Health; Part S; Page 1; TITLE: A NEW PUSH IS ON FOR PATIENTS' PRIVACY LAW// acs-EE2001

It's hard to believe that in a country where video rental records are protected by federal privacy law, medical records are not.

EXISTING PRIVACY LAWS PROTECT PAPER MEDICAL RECORDS, NOT ELECTRONIC RECORDS

LEWIS W. DIUGUID THE KANSAS CITY STAR January 21, 2000, SECTION: OPINION; Pg. B7 ; TITLE: Lots of anti-privacy scams // acs-EE2001

Existing privacy laws protect paper medical records. But this is not enough in this age of computers and global megamergers.

The Internet offers our corporate big brothers the means to electronically track the strongest, healthiest individuals in the running herd and the forceps to pluck out the sick people who are different and the weak. Governments are doing a little herding, too.

WE FEEL THE RIGHT TO PRIVACY IS IMPORTANT, BUT WE DO NOT PROTECT MEDICAL RECORDS SUFFICIENTLY

Kelly Patricia O'Meara; Insight on the News, February 14, 2000, Pg. 18, TITLE: Public Comment on Medical Records // acs-EE2001

Privacy is so much a part of the American character that in its name the Supreme Court has even authorized mothers to take the lives of their unborn children. But not only records of abortions but other medical events and conditions - sometimes including embarrassing details that are discussed during medical examinations that traditionally have been left between patient and doctor - no longer may be protected from falling into the wrong hands, and even may be available for public scrutiny.

CURRENT MEDICAL PRIVACY CONTROLS HAVE HUGE GAPS

Mike Hudson, Knight Ridder News Service, The Denver Post, October 30, 1999 SECTION: A SECTION; Pg. A-02 TITLE: Clinton issues medical mandate Privacy standards toughened // acs-EE2001

President Clinton established tough new rules Friday to protect the privacy of personal medical records that are stored electronically, but experts warn that dangerous gaps remain in patients' privacy.

Under Clinton's new executive order, doctors, hospitals and other health care providers may not release such personal medical information for purposes unrelated to treatment or payment without the patient's permission.

It also requires health plans to inform patients how the information was used and creates criminal and civil penalties for misusing medical information.

But the new order applies only to primary health-care providers, leaving pharmacists and most researchers unregulated. A patchwork of existing privacy laws already protect paper medical records.

MEDICAL INFORMATION HAS NO PROTECTION ONCE IT LEAVES THE DOCTOR’S OFFICE

Julie Appleby, USA TODAY, March 23, 2000, SECTION: NEWS; Pg. 1A TITLE: File safe? Health records may not be confidential // acs-VT2001

"Right now, once information leaves a doctor's office, there are no federal regulations that protect the privacy of that information," says Goldman of Georgetown University.

Medical information routinely leaves doctors' offices: After a patient sees a doctor or fills a prescription, claims are sent to insurers and third-party bill collectors.

In turn, that information is sometimes given to drug companies or marketers. Insurers can "mine" prescription data, looking for patients with chronic health conditions such as asthma, diabetes or heart failure to enroll them in special programs .