The Guardians of Privacy

[4est_4est_Gump]

Though millions of Americans sign forms in their doctors’ offices which claim their personal health information is protected under the Health Insurance Portability and Accountability Act (HIPAA), a new ObamaCare rule requires federal and local agencies and health insurers to trade the personal health data of any person interested in signing up for the new state exchanges.

The Washington Examiner reports that under the 253-page rule, issued by the Department of Health and Human Services (HHS) late Friday, protected health information (PHI) may be traded among agencies in order to confirm that applicants to the ObamaCare exchanges are receiving all the “essential benefits” in their health insurance coverage.

According to the rule:

The Exchange would submit specific identifying information to HHS and HHS would verify applicant information with information from the Federal and State agencies or programs that provide eligibility and enrollment information regarding minimum essential coverage. Such agencies or programs may include but are not limited to Veterans Health Administration, TRICARE, and Medicare. HHS will work with the appropriate Federal and State agencies to complete the appropriate computer matching agreements, data use agreements, and information exchange CMS-9957-P 73 agreements which will comply with all appropriate Federal privacy and security laws and regulations. The information obtained from Federal and State agencies will be used and redisclosed by HHS as part of the eligibility determination and information verification process set forth in subpart D of part 155…

Finally, we propose to add paragraph (b)(2) to provide that consistent with 45 CFR 164.512(k)(6)(i) and 45 CFR 155.270, a health plan that is a government program providing public benefits, is expressly authorized to disclose PHI, as that term is defined at 45 CFR 160.103, that relates to eligibility for or enrollment in the health plan to HHS for verification of applicant eligibility for minimum essential coverage as part of the eligibility determination process for advance payments of the premium tax credit or cost-sharing reductions. We intend for this provision to enable any health plan that is a government program within the scope of 45 CFR 164.512(k)(6)(i) to disclose the protected health information necessary for HHS to be able to verify of minimum essential coverage as required to conduct eligibility determinations for insurance affordability programs.

The rule states that HHS already has the power to exchange PHI without consent for a “government program providing public benefits,” and it implies that “government knows best” when personal information should be used to make sure individuals obtain the best insurance coverage for them.

According to the Examiner, one top congressional aide said, “This sounds as if HHS will have access to protected health info to me.”

Similarly, Americans for Tax Reform expressed concern that the IRS, which assumes significant responsibility in ObamaCare enforcement, and HHS will be sharing individuals’ PHI, which includes medical history, test and laboratory results, and other data.

The new rule is curious because in January, HHS released a statement about another new rule that reflected “enhanced standards” that claimed to “improve privacy protections and security safeguards for consumer health data.”

The omnibus rule was touted as one that would strengthen the government’s ability to enforce HIPAA.

“Much has changed in health care since HIPAA was enacted over fifteen years ago,” said HHS Secretary Kathleen Sebelius. “The new rule will help protect patient privacy and safeguard patients’ health information in an ever expanding digital age.”*

According to the rule issued in January:

The changes in the final rulemaking provide the public with increased protection and control of personal health information. The HIPAA Privacy and Security Rules have focused on health care providers, health plans and other entities that process health insurance claims. The changes announced today expand many of the requirements to business associates of these entities that receive protected health information, such as contractors and subcontractors. Some of the largest breaches reported to HHS have involved business associates. Penalties are increased for noncompliance based on the level of negligence with a maximum penalty of $1.5 million per violation. The changes also strengthen the Health Information Technology for Economic and Clinical Health (HITECH) Breach Notification requirements by clarifying when breaches of unsecured health information must be reported to HHS.

Individual rights are expanded in important ways. Patients can ask for a copy of their electronic medical record in an electronic form. When individuals pay by cash they can instruct their provider not to share information about their treatment with their health plan. The final omnibus rule sets new limits on how information is used and disclosed for marketing and fundraising purposes and prohibits the sale of an individuals’ health information without their permission.

Nevertheless, it appears from the rule issued on Friday that the government may access individuals’ PHI and freely exchange it among agencies, since the ObamaCare exchanges are all government programs.

http://www.breitbart.com/Big-Govern...n-Share-Americans-Personal-Health-Information



* Keep in mind that the administration told us that in 2014 premiums would go down by $2500 when the reality is that they will explode, especially for the Middle Class... Pretty much whatever they say is the Least Untruthful Answer that they can offer.

 

[mercury14]

http://www.breitbart.com/Big-Govern...n-Share-Americans-Personal-Health-Information



* Keep in mind that the administration told us that in 2014 premiums would go down by $2500 when the reality is that they will explode, especially for the Middle Class... Pretty much whatever they say is the Least Untruthful Answer that they can offer.

Premiums are going down when you include exchange tax credits and value for each health care dollar. In the old system a health care dollar got you a plan that could drop you when you needed it most. Now your dollar gets you reliable insurance.

When you include exchange credits most people in that system will see a net decrease. When you include the Medicaid expansion those people will see a net decrease. Why aren't you factoring those things in?

It kind of seems like you're denying reality again.

 

[XdOu™]

interesting..

 

[RobDownSouth]

* Keep in mind that the administration told us that in 2014 premiums would go down by $2500 when the reality is that they will explode, especially for the Middle Class... Pretty much whatever they say is the Least Untruthful Answer that they can offer.

Read it and weep, AJ


Medical costs are trending down, and this seems to be the start of a long-term trend. Bad news for doom-n-gloomers such as yourself.

 

[unregistered]

 

[RobDownSouth]

Seems like you were never exposed to reality.

Unlike you, who refuses to accept any reality that doesn't agree with your preconceived political bias.

 

[Wat_Tyler]

Privacy . . . premiums . . . reading comprehension . . . .


Nah, that's too easy.

 

[muffguy]

I find it hard to believe these 2 guys have lived as long as they have and can't see that there isn't 1 thing the government does that doesn't turn into a fiasco. Unless you count robbing the people to enrich themselves, that they do
really well. I mean really, go back as far as you'd like to it's always one blunder after another. But let's go find a bigger stick to stir the shitpot with.

 

[RobDownSouth]

I find it hard to believe these 2 guys have lived as long as they have and can't see that there isn't 1 thing the government does that doesn't turn into a fiasco. Unless you count robbing the people to enrich themselves, that they do
really well. I mean really, go back as far as you'd like to it's always one blunder after another. But let's go find a bigger stick to stir the shitpot with.

Ask your mother if she thinks social security is a "fiasco".

 

[Wat_Tyler]

 

[BotanyBoy]

Like a fuckin' bell here you are to defend your precious.

Let's take a look shall we.

Premiums are going down when you include exchange tax credits and value for each health care dollar.

What the dumb shit liberal fuck merc.....

Value for each health care dollar = cheaper premiums?? no....

1) Value is subjective

2)Since when in the fuck does having more value make something cheaper? Is this more magical mystery libanomics???

3) SOMEONE is paying the tax credits fuck nugget...there is no such thing as a free lunch. Say it with me merc..."THERE IS NO SUCH THING AS A FREE LUNCH."

In the old system a health care dollar got you a plan that could drop you when you needed it most. Now your dollar gets you reliable insurance.

Yes....this is probably the ONLY improvement out of obummer care that wasn't designed to fuck us for ubercorp profits....that little licking they gave us in order to gain public approval for Pfizer's new welfare bill.

How does it slow the export of money out of MY bank account....

Oh that's right it doesn't.

When you include exchange credits most people in that system will see a net decrease. When you include the Medicaid expansion those people will see a net decrease. Why aren't you factoring those things in?

It kind of seems like you're denying reality again.

WTF exchange credit?? You mean they are going to send me my money back?

 

[muffguy]

Ask your mother if she thinks social security is a "fiasco".

My mother passed a few years ago. Thank you for your condolences.
But in the conversations we had prior to her passing, She would have and did agree with me 100%, seeing as how she grew up in a time when people took care of themselves and only the truly needy were given help.
In that time the people of any particular place knew who was and who wasn't truly needy.
and people took care of those in need even when it meant doing without themselves.
Those that weren't TRULY in need or by their deeds messed up their lives didn't get help.
In stepped the government and made a fiasco of that too.
and by the way, your "eyeroll" doesn't further the conversation and just makes you look like an ass

 

[4est_4est_Gump]

Seems like you were never exposed to reality.

I see he is still clinging to the fantasy...



lol

 

[4est_4est_Gump]

Note that the only thing they want to refute is an ancillary comment.


Not one thing one the breaching of privacy so that their Sebelius-style death panels can use your records to deny you treatment based on unapproved governmental lifestyle choices...

That could cover everything from your weight and mountain-climbing to owning a gun.

Remember, pediatricians have been requested to ask children and parents if there is a gun in the home.

 

[RobDownSouth]

My mother passed a few years ago. Thank you for your condolences.
But in the conversations we had prior to her passing, She would have and did agree with me 100%, seeing as how she grew up in a time when people took care of themselves and only the truly needy were given help.
In that time the people of any particular place knew who was and who wasn't truly needy.
and people took care of those in need even when it meant doing without themselves.
Those that weren't TRULY in need or by their deeds messed up their lives didn't get help.
In stepped the government and made a fiasco of that too.
and by the way, your "eyeroll" doesn't further the conversation and just makes you look like an ass

Sorry to hear your mother passed, I'm sure the shame of raising a child such as you was too much to bear.

So, your mother didn't like social security. Not surprising, Ayn Rand didn't like it either. Campaigned her whoe life against it, in fact. Funny thing though, when the going got tough in her dotage, she swallowed her pride and took it.

Of course, YOUR mother probably didn't because she was a "principled" old biddy, right? And you, being the dutiful son, supported her 100% financially until Jesus called her home, right? Right?

 

[Wat_Tyler]

Does ancillary mean asshole?


I'm on a hotel wifi, so it may be monitored by the Hotel Police.


I was chatting with my friend who works at the chicken plant and the subject of culling came up, and now I am nervious.

 

[RobDownSouth]

Note that the only thing they want to refute is an ancillary comment.


Not one thing one the breaching of privacy so that their Sebelius-style death panels can use your records to deny you treatment based on unapproved governmental lifestyle choices...

That could cover everything from your weight and mountain-climbing to owning a gun.

Remember, pediatricians have been requested to ask children and parents if there is a gun in the home.

It's only medical care, AJ, it's not like you're buying a gun.

The simple fact is that insurance companies have had a blanket exemption from privacy and antitrust rules for decades, they do things like compare notes on pre-existing conditions.

Now that we have a Negro president, you're urging us to storm the Bastille in the name of privacy protection.

Good luck with that.

 

[4est_4est_Gump]

Does ancillary mean asshole?


I'm on a hotel wifi, so it may be monitored by the Hotel Police.


I was chatting with my friend who works at the chicken plant and the subject of culling came up, and now I am nervious.

Do not worry, the government is storing every bit of electronic information.

 

[Wat_Tyler]

Do not worry, the government is storing every bit of electronic information.

Thanks Gaia, I feel so much safer now.


Junior and I used to note the guns on the hips of university cops. I'd ask, do you feel safer?


He'd say, no!!!


The yogurt they have here sucks

 

[4est_4est_Gump]

I think the ones here have tasers and mace...

 

[Wat_Tyler]

We sat and watched the fat broad get ready to throw down on a drunk they were rousting.


We were amazed at the bravery.


It was Medal of Honor work, no doubt . . . or at least a plastic gold star.

 

[muffguy]

Sorry to hear your mother passed, I'm sure the shame of raising a child such as you was too much to bear.

So, your mother didn't like social security. Not surprising, Ayn Rand didn't like it either. Campaigned her whoe life against it, in fact. Funny thing though, when the going got tough in her dotage, she swallowed her pride and took it.

Of course, YOUR mother probably didn't because she was a "principled" old biddy, right? And you, being the dutiful son, supported her 100% financially until Jesus called her home, right? Right?

so you just outright admit to being an ass. I see now why your tossed to the side by all the other posters like the soiled toilet paper you are. No point in trying to discuss anything with asswipe, it reeks of the waste your mother was wiping herself of as you hatched.

 

[4est_4est_Gump]

Gold star stuff indeed!



Throb is not just an ass, he is proud of how big an ass he can be, calls it verbal jujitsu.

His goal is to get you to put him on ignore so that he can declare victory and charge cowardice because you cannot defend your position. He is the embodiment of what the modern Democrat Party has become, just like all other mass altruism crusades of the past.

 

[Wat_Tyler]

Yeah, well, he's something else . . . and not what he thinks.


Wandered into the Sunshine State yesterday afternoon, saying, "sonofabitch, look at the rain." We have the whole family get-together thing.


The ex behaved herself, and Mom didn't I could use it as a teaching tool, but I'd just get yelled at.


Thank Gaia for separate hotel rooms, too.

 

[4est_4est_Gump]

You cannot divorce mom.



She brought you into the world, and she can take you out...