Can the government access my medical records without my permission?
Saturday, May 8th, 2010 at
11:51 am
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Filed under: Government Records
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Q: Can the government get access to my medical files through the USA Patriot Act?
A: Yes. Section 215 of the Patriot Act allows the FBI Director or his designee to get a court order under the Foreign Intelligence Surveillance Act ""requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.""[vii] This power appears to apply to medical records.
Q: Is this power to access my medical information limited to my health care provider?
A: No. The HIPAA disclosure regulations also apply to many other organizations, including health plans, pharmacies, health clearinghouses, medical research facilities and various medical associations. And the Patriot Act’s ""tangible items"" power is so broad that it covers virtually anyone and any organization-not just medically oriented entities or medical professionals.
Q: Is it Constitutional for the government to get my medical information without a warrant?
A: The ACLU believes that this easy, warrantless access to our medical information violates the U.S. Constitution, especially the Fourth Amendment, which generally bars the government from engaging in unreasonable searches and seizures.[viii] However, because the Patriot Act and the HIPAA regulations have only recently gone into effect, their constitutionality remains largely untested, although at least one legal challenge to the HIPAA rules is underway, and more challenges are likely.
Notice requirements
Q: Do health providers and other medical entities have to give me specific notice when they turn over my medical files to the government?
A: No. Neither HIPAA nor the Patriot Act require that notice be given to affected individuals, either before their files are turned over (giving them a chance to challenge the privacy infringement) or after the fact. In fact, the Patriot Act actually bans health providers from telling ""any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things.""[ix]
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Of course. And they can leak them to the press to.
http://radio.about.com/od/rushlimbaugh/a/blaa100604a.htm
They are free to abuse power with little or no consequences.
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