Your Health Records Will Be Less Secure Than Facebook – Bye Bye HIPAA


We will drown in the Sea of Unsustainable Bureaucracy being established by Obamacare, but we won’t do it anonymously. Everyone in the Bureaucracy will know your personal health information and then some. Don’t forget that Dodd-Frank gives the government all your financial information.

Since we are all living in the Collective now, as insignificant cogs in the global world, it logically follows that we have no privacy either, at least not from our master, the Obama government, which cleverly avoids Congress. The most obvious loss of privacy comes from Obamacare, also known as The Patient Protection and Affordable Care Act.

That last title is not one I use, because it will neither take good care of patients nor will it be affordable. Anyone who believed Pelosi when she said she will put 39 million more people on the health dole, to save a trillion dollars in debt, needs to stop listening to Pelosi, and research for themselves, or get therapy. The White House is writing or directing Obamacare rules each day, a clear violation of how our “balanced” government is supposed to work.

They proclaim that a lot of what is written is under the assumption that each state will adopt this plan, but of course, they know they might not. The fact that they are writing it as if they will tells me they have no doubt this is moving towards a single payer system. Now, everyone’s, every health need, even those of hypochondriacs, will be taken care of by the 53% who actually pay income tax. There is a real estate tax of 3.8% in the bill which will go to Obamacare as well. All the money from numerous other programs will be funneled into it, but that’s for another story.

In the section copied below from the latest rule, it demands that all health records  be entrusted to the U.S. government, where they will obviously never leak out any information that might hurt your chances for a job or cause you to be the subject of someone’s revenge. Since they are eager to find “risk” patients, one has to wonder if that is so they can ration their care. Of course, it’s going to cost plenty to hire all these new IRS agents, who will be the protectors and guardians of your personal healthcare information. The best part is you can’t sue the Federal Government, now taking shape as Big Brother.

153.340            Data collection under risk adjustment.

(a) Data collection requirements. The State, or HHS on behalf of the State, must collect risk-related data to determine individual risk scores that form the basis for risk adjustment.

(b) Minimum standards. The State, or HHS on behalf of the State, may vary the amount and type of data collected provided that the State, or HHS on behalf of the State, uses the following standards for risk adjustment data collection:

(1) The NCPDP claims transaction or the HIPAA standard ASC X12N 837 Health Care Claim transaction for all claims and encounter data;

(2) The HIPAA standard ASC X12N 834 Benefit Enrollment and Maintenance transaction for all demographic and enrollment data; and

(3) To ensure adequate data privacy standards, the State, or any official, employee, agent or representative of the State must use individually identifiable information only as specifically required or permitted by this part and must not disclose individually identifiable information except as provided in paragraph (d) of this section.

(i) The State should interpret this provision as separate from the authority of other applicable laws for disclosing individual identifiable information under paragraph (d) of this section.

(ii) The State must implement security standards that provide administrative, physical, and technical safeguards for the individually

identifiable information consistent with the security standards described at 45 CFR 164.308, 164.310, and 164.312.

(iii) The State must establish privacy standards that set forth approved uses and disclosures of individually identifiable information.

(c) Exception for States with all payer claims databases. Any State with an all payer claims database that is operational on or before January 1, 2013 may request an exception from the data collection minimum standards described in paragraph (b) of this section by submitting:

(1) Technical specifications for the all payer claims database including data formats;

(2) Proposed system modifications to support risk adjustment activities;

(3) Proposed system modifications to meet requirements set forth in paragraph (d) of this section and other Exchange-related activities.

(d) Uses of risk adjustment data. The State, or HHS on behalf of the State, must make relevant claims and encounter data collected under risk adjustment available to support claims- related activities as follows:

(1) Provide HHS with de-identified claims and encounter data for use in recalibrating Federally-certified risk adjustment models;

(2) Provide HHS with summarized claims cost for use in verifying risk corridor submissions; and

(3) Provide the reinsurance entity with summarized claims and encounter data from reinsurance-eligible plans for payment verification purposes and individual-level from reinsurance- eligible plans for audit purposes.

You can read the entire rule yourself here. There’s other great stuff  in it and this is only one of the many, myriad rules they are writing in the a sea of bureaucracy.