INTRODUCING THE PROTECT PATIENTS AND PHYSICIANS PRIVACY ACT
HON. RON PAUL
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Thursday, May 21, 2009
2009 Ron Paul 59:1
Mr. PAUL. Madam Speaker, I rise to introduce
the Protect Patients and Physicians Privacy
Act. This legislation protects medical privacy,
as well as quality health care, by allowing
patients and physicians to opt out of any
federally mandated, created, or funded electronic
medical records system. The bill also repeals
the sections of Federal law establishing
a unique health identifier and requires patient
consent before any electronic medical
records can be released to a third party.
2009 Ron Paul 59:2
Congress has refused to fund the development
of a unique health identifier every year
since 1998. Clearly, the majority of my colleagues
recognize the threat this scheme
poses to medical privacy. It is past time for
Congress to repeal the section of law authorizing
the Federal unique health identifier.
2009 Ron Paul 59:3
Among the numerous provisions jammed
into the stimulus bill, which was rushed
through Congress earlier this year, was funding
for electronic medical records. Medicare
providers have until 2015 to voluntarily
adopt the system of electronic medical
records, or face financial penalties.
2009 Ron Paul 59:4
One of the major flaws with the federally
mandated electronic record system is that it
does not provide adequate privacy protection.
Electronic medical records that are part of the
federal system will only receive the protection
granted by the Federal medical privacy rule.
This misnamed rule actually protects the ability
of government officials and state-favored
special interests to view private medical
records without patient consent.
2009 Ron Paul 59:5
Even if the law did not authorize violations
of medical privacy, patients would still have
good reason to be concerned about the governments
ability to protect their medical
records. After all, we are all familiar with cases
where third parties obtained access to electronic
veteran, tax, and other records because
of errors made by federal bureaucrats. My colleagues
should also consider the abuse of IRS
records by administrations of both parties and
ask themselves what would happen if unscrupulous
politicians gain the power to access
their political enemies electronic medical
records.
2009 Ron Paul 59:6
As an OB/GYN with over 30 years of experience
in private practice, I understand that one
of the foundations of quality health care is the
patients confidence that all information the patient
shares with his or her health care provider
will remain confidential. Forcing physicians
to place their patients medical records
in a system without adequate privacy protection
undermines that confidence, and thus undermines
effective medical treatment.
2009 Ron Paul 59:7
A physician opt out is also necessary in
order to allow physicians to escape from the
inefficiencies and other problems that are sure
to occur in the implementation and management
of the Federal system. Contrary to the
claims of the mandatory systems proponents,
it is highly unlikely an efficient system of mandatory
electronic health records can be established
by the Government.
2009 Ron Paul 59:8
Many health technology experts have
warned of the problems that will accompany
the system of mandatory electronic medical
records. For example, David Kibbe, a top
technology adviser to the American Academy
of Family Physicians, warned President
Obama in an open letter late last year that existing
medical software is often poorly designed
and does a poor job of exchanging information.
Allowing physicians to opt out provides
a safety device to ensure that physicians
can avoid the problems that will inevitably accompany
the government-mandated system.
2009 Ron Paul 59:9
Madam Speaker, allowing patients and providers
to opt out of the electronic medical
records system will in no way harm the practice
of medicine or the development of an efficient
system of keeping medical records. Instead,
it will enhance these worthy goals by
ensuring patients and physicians can escape
the inefficient, one-size-fits-all government-
mandated system. By creating a market for alternatives
to the government system, the op-
out ensures that private businesses can work
to develop systems that meet the demands for
an efficient system of electronic records that
protects patients privacy. I urge my colleagues
to stand up for privacy and quality
health care by cosponsoring the Protect Patients
and Physicians Privacy Act.