June 20, 2006
Federal Legislation Threatens Health Care Privacy Rights
Health Information Technology (HIT) legislation (H.R. 4157) has just been approved by two different House committees (Energy and Commerce and Ways and Means) that would promote the national adoption of health information technology. Two distinct versions are advancing that require establishment of national standards for electronic interoperable patient data for all Americans. The Administration and its proponents plan to create a nationally compatible system for storing and sharing electronic medical records. They hope the system will reduce medical errors, improve communication among health providers and cut costs significantly over the long term.
There are major differences between the two versions of H.R. 4157. The Ways and Means Committee bill:
- Undermines privacy protections in the Health Insurance Portability and Accountability Act (HIPAA) by allowing federal preemption of stronger state and local privacy laws.
- Provides no subsidy for small providers to purchase HIT capabilities.
The Energy and Commerce Committee bill:
- Protects current state and local privacy and confidentiality laws.
- Provides very modest funds for small providers to acquire HIT capabilities.
Both versions promote the development of huge medical record databases without creating new federal rules to protect patient privacy. The House GOP leadership is now working behind closed doors to reconcile the two versions of H.R. 4157 before the final bill language is brought to the House floor, probably by next week. Additionally, the Senate passed very different HIT legislation last year (S. 1418), indicating that reconciling the House and Senate HIT bills will prove difficult.
THE ISSUE AT HAND
H.R. 4157 profoundly undermines current patient privacy rights, such as state social worker-patient confidentiality and privilege laws, without providing any new federal protections. Preemption of state and local privacy laws is strongly opposed by NASW and other advocates of health privacy rights because it eliminates critical privacy laws that protect patient/therapist confidentiality and other key protections, without ensuring their replacement by strong federal privacy protections. The Energy and Commerce Committee version would not modify HIPAA’s current protections of stronger state and local privacy laws, but it also does not establish a minimum federal privacy standard. In addition, both versions greatly expand the threat of large scale data breaches due to the creation of vast databases and the distribution of highly confidential patient information in the form of automated and interoperable patient records. The more threatening Ways and Means version would allow HHS to set national privacy standards if needed, while preempting state and local privacy protections, including social worker-client laws now protected by HIPAA.
Democrats have almost unanimously opposed H.R. 4157 because it does not provide federal funds to help small providers adopt new information technologies and because it threatens health privacy. They have supported NASW’s position calling for new federal privacy protections that would give individuals more control over who sees their records before the government establishes a nationwide HIT network. NASW has vigorously lobbied both committees to include strong new federal privacy protections in H.R. 4157.
ACTION NEEDED
NASW rejects both versions of H.R. 4157 because its privacy provisions are woefully inadequate and harmful to the privacy and confidentiality of patient records. GOP leaders hope to consider H.R. 4157 on the House floor the week of June 26th. All NASW members are urged to write and call their Representative to oppose passage of this regressive legislation and urge that the bill be reconsidered at the committee level.
SAMPLE MESSAGE
All House Representatives must be contacted this week to hear opposition to H.R. 4157. Below and on NASW’s webpage is a letter to be emailed your Representative urging them to vote no on H.R. 4157. You may also call your Representative at 202-225-3121.
Link to a sample letter: Health Privacy Letter
Thank you for your advocacy. |
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