Exceptions in Stimulus Bill Allow Sale of Your Health Records

The stimulus bill has a dead link on the cbs website. The cbs website story is correct. When obama signed the "stimulus" bill he also signed provisions for your health care and your health records. I have provided links to the dirty obama stimulus bill and its provisions for your personal health records.(Story Reports)

Read The Stimulus Bill. It Also Contains Health Provisions That Affect Your Privacy And Panels That Will Determine If You Are Worthy Of Live, (Death Panels)
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‘Exceptions’ in Stimulus Bill Allow Sale of Health Records CBS News

Fred Lucas CBS

Exceptions in Stimulus Bill Allow Sale of Your Health Records

It could become easier to sell and exchange the health information of Americans under the economic stimulus package that President Barack Obama’s signed Tuesday Jul 13, 2009.

The $787 billion American Recovery and Reinvestment Act that passed Congress last week allocates $19 billion to establish centrally linked health data infrastructure to contain the health information of “each American” by 2014 and to set up the new office of the “National Coordinator for Health Information Technology.”

Though the legislation says there is a “prohibition on sale of electronic health records or protected health information,” there are five pages of exceptions to the prohibition that include research, treatment of an individual, or a decision by the Secretary of Health and Human Services to waive the prohibition.

One exception listed in the legislation is if, “The purpose of the exchange is for public health activities.” Another exception is apparently to ensure the data – if sold – are not for commercial reasons, saying, “The purpose of the exchange is for research and the price charged reflects costs of preparation and transmittal of the data for such purpose.”

Another exception is rather broad saying, “The purpose of the exchange is otherwise determined by the secretary in regulations to be similarly necessary and appropriate” in accordance with the other exceptions.

Further, one of the exceptions seemingly states the government can obtain an individual’s health information for the purpose of protecting an individual’s privacy. It reads: “The purpose of the exchange is for treatment of the individual, subject to any regulation that the secretary may promulgate to prevent protected health information from inappropriate access, use or disclosure.”

The legislation also says that the prohibition will be reviewed after 18 months. The review will further explore whether the government “may further restrict the exception described in paragraph (2)(A) to require that the price charged for the purpose described in such paragraph reflects the cost of preparation and transmittal of the data for such purpose, if the secretary finds that such further restriction will not impede such research or public health activities.”

Some of these exceptions are already in the Health Insurance Portability and Accountability Act (HIPAA), a law with privacy provisions.

But the exceptions on exchanging or selling information could be more problematic to privacy if health records are digital, said Sue Blevins, president of the Institute for Health Freedom, a group that advocates health privacy issues.

“Digital records without consent is a recipe for invasion of privacy,” Blevins told CNSNews.com Monday. “Consent was gutted with HIPAA, but it is really hard to get out paper records. When they are made electronic, you can share data with a click of a mouse.”

Those who could be able to sell the information would be health care providers, insurance companies and other entities that collect the data.

(Note that your insurance company could sell your PRIVATE information. This is just as bad as the government having access to your PRIVATE information. Americans PRIVATE health information will not be private any more in 2014. Your PRIVATE health information can and will be sold. Your PRIVATE personal information will be available to anyone for a price. The US government will have access to your PRIVATE personal information to use when the "death panels" need to make a decision on who is worthy of live. Obama and his fellow thugs must be stopped in Nov 2010 or obama and his fellow thugs will determine if you live or die. Obama and his thugs will determine if you get ANY health care.) Story Reports

A statement by the Democratic majority on the Senate Finance Committee says the information will not be used to influence treatment and that “Federal law makes your medical records--whether they’re on paper or in a computer--confidential to you and your health provider.”

(This is a total lie. Federal law makes you medical records available to people who want to buy the information as proven in the statements above.) Story Reports

President Barack Obama, when touting the overall stimulus bill on Friday, said, “We'll computerize our health care system, at last, to save billions of dollars and countless lives as we reduce medical errors.”

(Another total lie. Obamacare will cost billions not save billions.) Story Reports

“Making sure that providers can share information on a patient, making sure we can do that effectively and efficiently is a good thing. Having government decide about the course of treatment is not a good thing,” Rep. Rob Wittman (R-Va.) told CNSNews.com.

“It goes right back to the government’s role should be between a patient and a provider. That information needs to be there for the patient and the provider to make decisions about their health care -- not for government to intercede.”

(Obamacare must be repealed or not funded. The republican majority that will ne elected in Nov 2010 must neuter obama and his care.) Story Reports

Read The Stimulus Bill. It Also Contains Health Provisions That Affect Your Privacy And Panels That Will Determine If You Are Worthy Of Live, (Death Panels)

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This starts on page 186 of the above PDF. Read it for yourself.

Health and Insurance section of the "stimulus bill"

Read the Stimulus bill and find the hidden provisions about your personal health records

1 (e) PROHIBITION ON SALE OF ELECTRONIC HEALTH
2 RECORDS OR PROTECTED HEALTH INFORMATION
3OBTAINED FROM ELECTRONIC HEALTH RECORDS.—
........................................................................................
4 (1) IN GENERAL.—Except as provided in para5
graph (2), a covered entity or business associate
6 shall not directly or indirectly receive remuneration
7 in exchange for any protected health information of
8 an individual unless the covered entity obtained from
9 the individual, in accordance with section 164.508 of
10 title 45, Code of Federal Regulations, a valid au11
thorization that includes, in accordance with such
12 section, a specification of whether the protected
13 health information can be further exchanged for re14
muneration by the entity receiving protected health
15 information of that individual.

16 (2) EXCEPTIONS.—Paragraph (1) shall not
17 apply in the following cases:
18 (A) The purpose of the exchange is for re19
search or public health activities (as described
20 in sections 164.501, 164.512(i), and 164.512(b)
21 of title 45, Code of Federal Regulations) and
22 the price charged reflects the costs of prepara23
tion and transmittal of the data for such pur
24 pose.

Page 187

1 (B) The purpose of the exchange is for the
2 treatment of the individual and the price
3 charges reflects not more than the costs of
4 preparation and transmittal of the data for
5 such purpose.
6 (C) The purpose of the exchange is the
7 health care operation specifically described in
8 subparagraph (iv) of paragraph (6) of the defi9
nition of health care operations in section
10 164.501 of title 45, Code of Federal Regula11
tions.
12 (D) The purpose of the exchange is for re13
muneration that is provided by a covered entity
14 to a business associate for activities involving
15 the exchange of protected health information
16 that the business associate undertakes on behalf
17 of and at the specific request of the covered en18
tity pursuant to a business associate agreement.
19 (E) The purpose of the exchange is to pro20
vide an individual with a copy of the individ21
ual’s protected health information pursuant to
22 section 164.524 of title 45, Code of Federal
23 Regulations.
24 (F) The purpose of the exchange is other25
wise determined by the Secretary in regulations

Page 188

1 to be similarly necessary and appropriate as the
2 exceptions provided in subparagraphs (A)
3 through (E).
4 (3) REGULATIONS.—The Secretary shall pro5
mulgate regulations to carry out paragraph (this
6 subsection, including exceptions described in para7
graph (2), not later than 18 months after the date
8 of the enactment of this title.
9 (4) EFFECTIVE DATE.—Paragraph (1) shall
10 apply to exchanges occurring on or after the date
11 that is 6 months after the date of the promulgation
12 of final regulations implementing this subsection.
13 (f) ACCESS TO CERTAIN INFORMATION IN ELEC14
TRONIC FORMAT.—In applying section 164.524 of title
15 45, Code of Federal Regulations, in the case that a cov16
ered entity uses or maintains an electronic health record
17 with respect to protected health information of an indi18
vidual—
19 (1) the individual shall have a right to obtain
20 from such covered entity a copy of such information
21 in an electronic format; and
22 (2) notwithstanding paragraph (c)(4) of such
23 section, any fee that the covered entity may impose
24 for providing such individual with a copy of such in25
formation (or a summary or explanation of such in-

Page 189

1 formation) if such copy (or summary or explanation)
2 is in an electronic form shall not be greater than the
3 entity’s labor costs in responding to the request for
4 the copy (or summary or explanation).

5 SEC. 4406. CONDITIONS ON CERTAIN CONTACTS AS PART
6 OF HEALTH CARE OPERATIONS.
7 (a) MARKETING.—
8 (1) IN GENERAL.—A communication by a cov9
ered entity or business associate that is about a
10 product or service and that encourages recipients of
11 the communication to purchase or use the product
12 or service shall not be considered a health care oper13
ation for purposes of subpart E of part 164 of title
14 45, Code of Federal Regulations, unless the commu15
nication is made as described in subparagraph (i),
16 (ii), or (iii) of paragraph (1) of the definition of
17 marketing in section 164.501 of such title.
18 (2) PAYMENT FOR CERTAIN COMMUNICA19
TIONS.—A covered entity or business associate may
20 not receive direct or indirect payment in exchange
21 for making any communication described in sub22
paragraph (i), (ii), or (iii) of paragraph (1) of the
23 definition of marketing in section 164.501 of title
24 45, Code of Federal Regulations, except—

Etc Etc. Yes your personal health records CAN and WILL be sold! Yet obama can't and won't prove he is a valid US citizen!