Health Information Technology Promotion Act Of 2006
27 July 2006
HON. RON PAUL
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Thursday, July 27, 2006
2006 Ron Paul 72:1
The House in Committee of the Whole House on the State of the Union had under
consideration the bill (H.R. 4157) to amend
the Social Security Act to encourage the dissemination,
security, confidentiality, and
usefulness of health information technology:
2006 Ron Paul 72:2
Mr. PAUL. Mr. Chairman, as an OB–GYN with over 40 years experience in medical practice,
I understand the need to improve the
health care systems efficiency by increasing
the use of electronic medical records. However,
H.R. 4157 is neither a constitutional nor
a wise means of achieving this worthy goal.
2006 Ron Paul 72:3
Creating a new federal department to develop a national strategic plan for the use of
electronic health care records will inevitably
lead to the imposition of a one-size-fits all
standard and will discourage private parties
from exploring other more innovative means of
storing medical records electronically. By stifling
private sector innovation, H.R. 4157 guarantees
that the American people will have an
inferior health information technology system.
Mr. Chairman, I ask my colleagues: when has
a government system ever performed as well
as a system developed by the private sector?
In fact, Mr. Chairman, based on my 40 years
of experience, I would say a major reason the
health profession lags behind other professions
in using information technology is the
excessive government intervention in, and
control of, Americas health care system!
2006 Ron Paul 72:4
Those who are concerned with the increasing erosion of medical privacy should also oppose
H.R. 4157. H.R. 4157 facilitates the invasion
of medical privacy by explicitly making
electronic medical records subject to the misnamed
federal medical privacy regulation.
Mr. Chairman, many things in Washington are
misnamed, however this regulation may be the
most blatant case of false advertising I have
come across in all my years in Congress.
Rather than protect an individual right to medical
privacy, these regulations empower government
officials to determine how much medical
privacy an individual needs.
2006 Ron Paul 72:5
The so-called medical privacy regulation not only reduce individuals ability to determine
who has access to their personal medical
information, but actually threatens medical
privacy and constitutionally protected liberties.
For example, these regulations allow law enforcement
and other government officials access
to a citizens private medical record without
having to obtain a search warrant.
2006 Ron Paul 72:6
Allowing government officials to access a private persons medical records without a
warrant is a violation of the Fourth Amendment
to the United States Constitution, which
protects American citizens from warrantless
searches by government officials. The requirement
that law enforcement officials obtain a
warrant from a judge before searching private
documents is one of the fundamental protections
against abuse of the governments power
to seize an individuals private documents.
While the Fourth Amendment has been interpreted
to allow warrantless searches in emergency
situations, it is hard to conceive of a situation
where law enforcement officials would
be unable to obtain a warrant before electronic
medical records would be destroyed.
2006 Ron Paul 72:7
By creating a new federal bureaucracy to establish a national strategic plan for the
adoption of electronic health care records,
H.R. 4157 discourages private sector innovation
and expands government control of the
medical profession. H.R. 4157 also facilities
the violation of medical privacy. Therefore, I
urge my colleagues to reject this bill.