DJP Update 1-22-2012 Important reference source for PPACA SCOTUS appeals; Sad note: KitKat missing; Patient Privacy & Medical Record Confidentiality re Unique Patient Identifier.
First, the sad news about KitKat. Read tweet and click on link to see KitKat. Unable to find her in our search of Metairie near our home.
Go to www.twitter.com/DJPNEWS
Also photo at: http://twitpic.com/8alqe9
DJPNEWS Donald Palmisano
Tabasco, our dog died 5-2011 & wild KitKat appeared. We feed her twice a day. Now missing 30 hrs! Sad. #pets #cat twitpic.com/8alqe9
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And now PPACA reference site: http://ohpcenter.org/writings-reference.php
Tip of Hat to Paul Hsieh for this alert.
See link in my tweet for multiple documents involving PPACA
Court cases
Government reports
Legislation
DJPNEWS Donald Palmisano
Nice! Thx! #SCOTUS RT @ohpcenter: …legal challenge to PPACA, remember our convenient page of reference materials: ohpcenter.org/writings-refer…
2 hours ago
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LAGNIAPPE: AMA policy is opposed to unique patient identifier as per AMA House of Delegates policy. AMA needs to weigh in on this debate!
Debate in WSJ and in Twitter universe. See my comments in video at 4 min 17 sec portion of video from THE TODAY SHOW and GOOD MORNING AMERICA: tinyurl.com/8386kat and read WSJ debate at: on.wsj.com/wiGclr
DJPNEWS Donald Palmisano
More comments: No, because trust essential. #privacy #confidentiality RT @WSJHealth: Unique ID Number Medical Records? on.wsj.com/wiGclr
2 hours ago
DJPNEWS Donald Palmisano
No! My comments @ 4min 17 sec of video tinyurl.com/8386kat RT @WSJHealth: …Unique ID Number for All Medical Records? on.wsj.com/wiGclr
3 hours ago
AMA Policy:
H-190.961 Repeal of Federally Mandated Uniform Medical Identifiers
Our AMA: (1) actively supports legislation that would repeal the unique patient medical health identifier mandated by the Health Insurance Portability and Accountability Act of 1996; and (2) urges all state medical societies to ask each of their congressional delegations to declare themselves publicly on this matter. (Res. 207, I-01)
H-315.983 Patient Privacy and Confidentiality
(1) Our AMA affirms the following key principles that should be consistently implemented to evaluate any proposal regarding patient privacy and the confidentiality of medical information: (a) That there exists a basic right of patients to privacy of their medical information and records, and that this right should be explicitly acknowledged; (b) That patients’ privacy should be honored unless waived by the patient in a meaningful way or in rare instances when strong countervailing interests in public health or safety justify invasions of patient privacy or breaches of confidentiality,…etc. See 20 items.
Priv & Conf BOT 9, A-98
Recommendations
The Board of Trustees recommends that the following be adopted and that the remainder of this Report be filed:
1) The American Medical Association (AMA) affirms the following key principles that should be consistently implemented to evaluate any proposal regarding patient privacy and the confidentiality of medical information:
a) That there exists a basic right of patients to privacy of their medical information and records, and that this right should be explicitly acknowledged;
b) That patients’ privacy should be honored unless waived by the patient in a meaningful way; or in rare instances when strong countervailing interests in public health or safety justify invasions of patient privacy or breaches of confidentiality, and then only when such invasions or breaches are subject to stringent safeguards enforced by appropriate standards of accountability; etc.
Priv & Confid BOT Rpt 36; A-99
…the absence of explicit authorization from the patient.
8. That AMA continue to advocate for federal preemption that establishes a ‘floor’ in legislation on patient privacy and confidentiality, rather than a ‘ceiling,’ subject to review if the AMA is satisfied that adequate patient safeguards are assured by specific proposed legislation.
9. That, to facilitate research done with subjects from more than one state while continuing to protect patients, the AMA should develop model state legislation on privacy and confidentiality.
10. That Policy H-315.983 (AMA Policy Compendium) be reaffirmed, which states that the AMA “will not support the use of national Unique Patient Identifiers unless and until their necessity and safety are more convincingly demonstrated.
11. That AMA advocate for legislative action to repeal the pertinent section of the “Health Insurance Portability and Accountability Act of 1996” that mandates the establishment of a Unique Patient Identifier.
12. (added by HOD) That the Inter-council Task Force on Patient Privacy and Confidentiality continue to address unresolved issues relating to patient privacy and confidentiality with particular attention to public health and epidemiology issues and requirements, and report its recommendations at I-99.
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Stay well.
Donald
Donald J. Palmisano, MD, JD
Intrepid Resources® / The Medical Risk Manager Company
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