2001 Ron Paul 65:1
Mr. PAUL. Mr. Speaker,
I rise
to introduce the Patient Privacy Act, which repeals those sections of
the Health Insurance Portability and Accountability Act of 1996
authorizing the establishment of a standard unique health care
identifier for all Americans, as well as prohibiting the use of
federal funds to develop or implement a database containing personal
health information.
2001 Ron Paul 65:2
Establishment of such
a
medical identifier, especially when combined with HHSs misnamed
federal privacy regulations, would allow federal bureaucrats to
track every citizens medical history from cradle to grave.
Furthermore, it is possible that every medical professional, hospital,
and Health Maintenance Organization (HMO) in the country would be able
to access an individual citizens record simply by entering the
patients identifier into a health care database.
2001 Ron Paul 65:3
When the scheme to
assign
every American a unique medical identifier became public knowledge in
1998, their was a tremendous outcry from the public. Congress responded
to the public outrage by including language forbidding the expenditure
of funds to implement or develop a medical identifier in the federal
budget for the past three fiscal years. Last year my amendment
prohibiting the use of funds to develop or implement a medical ID
unanimously passed the House of Representatives.
2001 Ron Paul 65:4
It should be clear to
every
member of Congress that the American public does not want a uniform
medical identifier. Therefore, rather than continuing to extend the
prohibition on funding for another year, Congress should simply repeal
the authorization of the national medical ID this year.
2001 Ron Paul 65:5
As an OB/GYN-with more
than
30 years experience in private practice, I know better than most the
importance of preserving the sanctity of the physician-patient
relationship. Oftentimes, effective treatment depends on a patients
ability to place absolute trust in his or her doctor. What will happen
to that trust when patients know that any and all information given
their doctor will be placed in a data base accessible by anyone who
knows the patients unique personal identifier?
2001 Ron Paul 65:6
I ask my colleagues,
how
comfortable would you be confiding any emotional problem, or even an
embarrassing physical problem like impotence, to your doctor if you
knew that this information could be easily accessed by friend, foe,
possible employers, coworkers, HMOs, and government agents?
2001 Ron Paul 65:7
Many of my colleagues
will
admit that the American people have good reason to fear a
government-mandated health ID card, but they will claim such problems
can be fixed by additional legislation restricting the use of the
identifier and forbidding all but certain designated persons to access
those records.
2001 Ron Paul 65:8
This argument has two
flaws.
First of all, history has shown that attempts to protect the privacy of
information collected by, or at the command, of the government are
ineffective at protecting citizens from the prying eyes of government
officials. I ask my colleagues to think of the numerous cases of IRS
abuses that were brought to our attention in the past few months, the
history of abuse of FBI files, and the case of a Medicaid clerk in
Maryland who accessed a computerized database and sold patient names to
an HMO. These are just some of many examples that show that the only
effective way to protect privacy is to forbid the government from
assigning a unique number to any citizen.
2001 Ron Paul 65:9
The second, and most
important reason, legislation protecting the unique health
identifier is insufficient is that the federal government lacks any
constitutional authority to force citizens to adopt a universal health
identifier, or force citizens to divulge their personal health
information to the government, regardless of any attached privacy
protections. Any federal action that oversteps constitutional
limitations violates liberty as it ratifies the principle that the
federal government, not the Constitution, is the ultimate arbitrator of
its own jurisdiction over the people. The only effective protection of
the rights of citizens is for congress and the American people to
follow Thomas Jeffersons advice and bind (the federal government)
down with the chains of the constitution.
2001 Ron Paul 65:10
Those who claim that
the
Patient Privacy act would interfere with the plans to simplify and
streamline the health care system, should remember that under the
constitution, the rights of people should never take a backseat to the
convenience of the government or politically powerful industries like
HMOs.
2001 Ron Paul 65:11
Mr. Speaker, the
federal
government has no authority to endanger the privacy of personal medical
information by forcing all citizens to adopt a uniform health
identifier for use in a national data base. A uniform health ID
endangers constitutional liberties, threatens the doctor-patient
relationships, and could allow federal officials access to deeply
personal medical information. There can be no justification for risking
the rights of private citizens. I therefore urge my colleagues to join
me in supporting the Patient Privacy Act.
This chapter appeared in Ron Pauls Congressional website at http://www.house.gov/paul/congrec/congrec2001/cr072401.htm