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Federal Medical Snooping — and How to Stop It

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The 2009 economic stimulus package has largely been a bust. However, one sector of the economy that should be seeing robust growth is the medical software industry because the stimulus law requires all Americans’ medical records to be stored electronically and made available in that form to all healthcare providers and, in some instances, to the federal government — all by 2014.

According to a July 16 report from CNSNews.com, the regulations to implement these provisions of the stimulus law have just been issued by the Department of Health and Human Services, and they do not bode well for Americans’ medical privacy.

First, the penalties assessed upon healthcare providers who fail to comply with the regulations, combined with hefty subsidies for those who do comply, will ensure that most providers do indeed submit to Washington’s dictates.

Second, “to comply with federal requirements, doctors and hospitals must make meaningful use of qualified EHR (Electronic Health Record) systems,” writes CNSNews. Further, says the report, “under the new regulations, a complete EHR must be able to perform 25 distinct functions relating to what information can be entered into the record and how that record can be shared with other health care providers and, in some cases, the federal government.”

Third, an individual’s EHR must include, among other things, an active medications list, vital signs, Body Mass Index (BMI) score, smoking status, comparative effectiveness data, lab test results, insurance status, race, gender, preferred language, and a list of past health problems along with their causes and treatments.

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