Medical Privacy

The place to discuss issues being debated in the 2009-2010 school year -- briefs, legislation and debate.

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bromano
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Re: Medical Privacy

Postby bromano » Wed Mar 24, 2010 8:10 am

Personally, I believe that medical records should be kept private, and a doctor-patient relationship should be akin to an attorney-client privledges. But, as with everything, there are some definite extenuating circustances in which these privledges should be able to be bypassed. For example, if a person wants to become an astronaut, they should, and are, required to have a health screening by NASA before they even start training to go into space. When the safety of the person, and people around them are put into peril, then this line should be bypassed. But only then. Companies trying to make decisions about who to hire, or who to fire, should not be able to go out, and PURCHASE your medical records. If they really want to know, they can just ask you about it.

If, for example, an attorney in a criminal case, has possible evidence against the prosecutor's case, and that information happens to be within a patient's file, I believe this is another case in which it should be accesible. But i think that the attorney, or the person who is trying to find out the information should have to recieve a judge's signature, similar to a warrant to get to this information. Even then, the person should talk to the doctor who is withholding the information prior to actually looking to make sure that there is something/nothing medically relevant.

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Re: Medical Privacy

Postby SRaghavan » Wed Mar 24, 2010 12:08 pm

Senator Dave brings up a valid point. However, I think that the big picture, so to speak, is being forgotten. Steve Bennett, or whoever we use as an example, is most likely a common man and most likely doesn't need great privacy. But for a celebrity or famous inidividual, medical privacy becomes very important.

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Re: Medical Privacy

Postby JCasto » Wed Mar 24, 2010 3:07 pm

An Act to Guarantee Medical Privacy

Sponsored by Senators EVERYONE

Preamble: Whereas medical privacy, in regards to accessibility of increasingly digitized electronic medical records (EMRs), is extremely important with the recent passage of the Patient Protection and Affordable Care Act (H.R. 3590),

Be It Hereby Enacted by the Senate in Congress Assembled:

1) The bill will be referred to as the “Protection of medical Records in Interstate, Virtually Accessible Computer networks Act” or the “PRIVACY Act”;

2) The national database for U.S. citizens’ electronic medical records (EMRs) shall be divided into three tiers, based on sensitivity of the information and the urgency of access to different information:
a. Tier I will be all vital medical data and information which is non-sensitive and immediately pertinent in an emergency situation, such as diseases, pre-existing conditions, allergies, etc.
b. Tier III will be information which is deemed highly sensitive to the patient and unnecessary in a medical emergency, such as routine check-up history, inquiries, etc.
c. Tier II will be a catch-all for neither important nor unimportant medical information, to be determined by the doctor and patient;

3) All citizens with a Social Security number (SSN) will be included in the secure national medical database (NMD), using their SSN as a low-level login, and using faxed login information from their personal doctor as a mid- and high-level login;

4) If their medical privacy is violated, the involved private parties shall be able to sue the offending parties for breach of privacy;

5) For the purpose of this bill, a business associate shall be defined as someone who plays a vital role in a person’s legal or financial issues;

6) A business associate is barred access to a person’s medical records, except in the following cases:
a. Written, contractual consent from the person,
b. In the event of an application for a position in which the person could possibly put others in danger,
c. In the event of the person’s incapacitation;

7) Researchers shall be able to access subjects’ medical records on the basis of anonymity under the following conditions:
a. Records only available for research,
b. Inappropriate use, such as misappropriation of subject identities or distribution of medical records, shall result in the following penalties:
i. Restriction of access,
ii. Monetary penalties,
c. Permission to access certain information rests with the patient;

8 ) All records and knowledge of students’ non-psychological conditions shall not be disclosed to non-medical school personnel, unless otherwise deemed necessary by the students’ parents or legal guardians;

9) Records and knowledge of psychological conditions will be distributed to involved parties, and other people deemed necessary by the students’ parents or legal guardians;

10) Municipalities are hereby included under HIPAA and related provisions;

11) This bill will go into effect 91 days after passage.

SRaghavan
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Re: Medical Privacy

Postby SRaghavan » Wed Mar 24, 2010 3:45 pm

I would like to speak First-Pro.

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Re: Medical Privacy

Postby athakker » Wed Mar 24, 2010 4:35 pm

First Con. Second Pro is great too.

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bromano
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Re: Medical Privacy

Postby bromano » Tue Apr 06, 2010 7:57 am

I would like to pose a question about the bill.

In Section 3, it mentions
JCasto wrote:All citizens with a Social Security number (SSN)........
. I was wondering what this would mean for people who don't have a Social Security number. Perhaps we could use some other identification rather than a SSN.

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Re: Medical Privacy

Postby BeWang » Tue Apr 06, 2010 3:13 pm

Most people have a SSN because it is virtually impossible to live in America without a SSN. SSNs are used to list dependents on Federal Income tax returns. Much of the Finance industry requires disclosure of a SSN for service. The amount of people without one is so miniscule and generally restricted to those populations (such as the Amish) who would generally not be be a part of modern medicine anyway.

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galukal
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Re: Medical Privacy

Postby galukal » Tue Apr 06, 2010 3:20 pm

Speakers
First Pro: Big Shree
First Con: Aman T.
Second Pro: Vaibhav S. (ruined my rhyming scheme)
Second Con: ???

We need a second pro and second con. If we actually chose speakers two weeks ago and didn't tell me, please let me know.

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VSharma
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Re: Medical Privacy

Postby VSharma » Tue Apr 06, 2010 7:24 pm

I was wondering if i could be second pro for the bill?

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VSharma
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Re: Medical Privacy

Postby VSharma » Tue Apr 06, 2010 9:32 pm

is this topic on April 7th

George's edit: Yes.

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egagliardi
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Re: Medical Privacy

Postby egagliardi » Tue Apr 06, 2010 9:41 pm

VSharma wrote:is this topic on April 7th

George's edit: Yes.



False. The Education thread says that is the topic for April 7th.

George's edit: Emily is off. We've just been changing things all over the place and pushed that back.

Josh's edit: wasssup

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VSharma
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Re: Medical Privacy

Postby VSharma » Tue Apr 06, 2010 9:47 pm

can I be second con instead of pro because that is what I prepared for.


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