NEGATIVE — MEDICAL — DISADVANTAGES 264

PRIVACY CONTROLS STOP ABILITY TO FIGHT MEDICAL FRAUD

MEDICAL RECORD DISCLOSURE IS ESSENTIAL FOR EFFICIENCY AND COST SAVINGS IN MEDICAL CARE

Amy Goldstein, The Washington Post, August 23, 1999, SECTION: A SECTION; Pg. A01 TITLE: Long Reach Into Patients' Privacy; New Uses of Data Illustrate Potential Benefits, Hazards // acs-EE2001

Ready access to patients' computerized records does make it easier for managed-care plans to control costs by making sure patients get only the care they need. It allows states and the federal government to ferret out waste in the country's public insurance programs, Medicaid and Medicare. And it gives new tools to researchers in private insurance companies and the nation's major medical centers to help deduce what kinds of treatment are most effective.

PROTECTING MEDICAL PRIVACY WILL DEVASTATE EFFORTS TO FIGHT HEALTH CARE FRAUD

Kristen Hallam, Modern Healthcare, May 03, 1999; Pg. 12 TITLE: FEDS: PRICE OF PRIVACY MAY BE TOO HIGH FBI, JUSTICE DEPARTMENT SAY PATIENT CONFIDENTIALITY BILLS WOULD THREATEN FRAUD CRACKDOWN // acs-VT2001

Efforts to protect patient privacy could have a ''devastating effect'' on healthcare fraud-fighting efforts, federal law enforcers said last week.

TO FIGHT MEDICAL CARE FRAUD YOU NEED TO SEE HUNDREDS OF RECORDS

Kristen Hallam, Modern Healthcare, May 03, 1999; Pg. 12 TITLE: FEDS: PRICE OF PRIVACY MAY BE TOO HIGH FBI, JUSTICE DEPARTMENT SAY PATIENT CONFIDENTIALITY BILLS WOULD THREATEN FRAUD CRACKDOWN // acs-VT2001

John Bentivoglio, the Justice Department's chief privacy officer, told the committee that the law enforcement exemptions in the bill were a good start, but it would still be difficult to get records needed for investigations.

''(In Medicare billing fraud cases) investigators will need access to hundreds of patient medical records, generally through an administrative or grand jury subpoena, or a civil investigative demand,'' Bentivoglio said. ''In this scenario, it would be extremely burdensome, and in some cases impossible, to provide each patient with advance notice and an opportunity to be heard before the subpoena is enforced.''

MEDICAL PRIVACY PROTECTION MAY HARM HEALTH CARE AND DRIVE UP PRICES

Drug Store News, March 20, 2000, Pg. 29 TITLE: NEW PRIVACY PROPOSALS COULD HAMPER CARE, NACDS WARNS // acs-VT2001

New federal proposals to protect patient privacy could hamper the ability of pharmacists to provide comprehensive pharmaceutical care and drive up healthcare costs, the National Association of Chain Drug Stores asserted last month.

Responding to growing moves in Congress and the Clinton administration to curb the availability and unauthorized use of private patient medical records, the NACDS is urging federal policymakers to tread carefully when drafting privacy legislation.

MEDICAL INFORMATION IS NEEDED FOR RESEARCH AND COST CONTROLS

Susan Okie , The Washington Post, April 16, 2000, SECTION: A SECTION; Pg. A02 TITLE: Groups Warn of Breaches in Privacy Laws for Patients // acs-EE2001

Institutions that do research--including medical schools and drug companies--often need to use medical records for studies, and they oppose provisions in the rules that might hinder access to such information. Drug companies depend on doctors, hospitals and health plans to help them test new treatments and monitor drug safety. The rules provide for criminal and civil penalties if patient information is improperly released.

"Some of those provisions, we think, will have a very chilling effect on the willingness of folks we depend on for access to information," said an industry spokesman.