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Business, Free Enterprise and Constitutional Issues; Pro-Life and Pro Second Amendment. Susan Lynn is a member of the Tennessee General Assembly. She serves as Chairman of the Consumer and Human Resources subcommittee and on the Finance Ways and Means Committee. She holds a BS in economics and a minor in history.

Monday, May 25, 2009

All Payer Claims Database - Update 2

The All Payer Claims Database seeks to establish a comprehensive database for the private healthcare transactions of every Tennessean by forcing insurance companies to turn their claims data over to the state through the passage of HB2289.

But wait, this is your privately paid for information! The state is not entitled to this information. Yet, the Administration hopes to convince state legislators that the state has a rational state interest to review your private healthcare data.

The bill lists several reasons but truly each are items you should, and do, privately determine for yourself.

As the Administration tries to comfort state legislators with assuring words stating that your identity will not be disclosed. An important question remains, disclosed by whom? All though the bill it sounds as if the state will know your identity. But the state protests that it will comply with all HIPAA Privacy Rules concerning your Private Health Information (PHI).

So are we to assume that the insurance companies cannot turn your identity or PHI over to the state? No we should not. That is because while HIPAA’s privacy rules protect your PHI from disclosure for private use, HIPAA rules allow disclosure without authorization for several other purposes.

That’s right; your private health information can be disclosed without your consent to public health authorities and health oversight agencies for the prevention or control of disease, injury, or disability, and for oversight activities authorized by law.

So when the state says it will comply with HIPAA Privacy Rules you should answer back - Big Deal!

Please remember, you have the right to self determination, and that is largely why our founding fathers broke away from Great Britain and formed our great nation. The peoples' natural rights - their right to self determination was being abridged by an overbearing government.

Be jealous of your privacy and defend it. Our forefathers and many more since died for your right to life, liberty and pursuit of happiness. Do not give up so easily that for which they paid so dear a price.

I know I will never stop defending your rights but your voice will help make a difference - http://www.capitol.tn.gov/.

1 comment:

Anonymous said...

When I was a young man, I was arguing in favor of Federal legislation for funding of ... I have forgotten what. I was confused by the opposition of an older colleague to what seemed to me to be a perfectly reasonable request for funding. He shook his head and said "What the government pays for, the government controls". Boy, was he right.

Your concern about the government and HIPAA privacy rules, much less our freedom to choose our own treatment, is well founded. Keep them out of healthcare!