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The last two stories, one on identity theft resulting from information stolen often by inside workers in hospital settings, and the one about the woman decrying that she had problems accessing vital medical information on her husband, point out the two big problems that HIPAA has caused.
HIPAA purports to be all about protecting your vital, personally identifiable health information.
But, did you know that hospitals have the right under HIPAA, to "share" your medical information with their "partners" and others for "fundraising purposes"?
When I first became angry was when a lab test was performed on a biological specimen I took of myself, in my home, and after I collected it, the medical doctor (without my authorization) sent it to an outside lab.
I knew she had a small lab and I believed that she could do an in house analysis of the specimen (I had a very hard to treat tooth infection) to determine whether it was gram positive or gram negative.
To make a long story short, the lab refused to send the results to me, that patient, the collector of the specimen, the person who wanted the testing to be done in the first place, and they insisted under CLIA guidelines (Clinical Laboratory guidelines set up by the government because, at the time, the standards for clinical labs were so poor and so in variance one to the other, that the government said it needed to step in and clean the mess up and establish guidelines) they could not release them to me.
This was completely incorrect because, according to CLIA guidelines, a lab may/should on request, release the results to any person who, in that state, may legally receive the medical records.
In Texas (see http://www.drjohnbaer.com/texasmedicalrecords.htm ), a patient about whom the records are collected, is a legal recipient and they should release these.
At any rate, the CLIA and HIPAA guidelines purport to be protections, but in fact, they let other people get their hands on your medical records, while often, denying access to those you WANT to be able to access those records, including sometmes, yourself!
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Q: Why do ducks have big flat feet?
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