Re: HIPAA / Obamacare website - kill this BS talking point (video included - in full)
posted at 10/27/2013 5:03 AM EDT
In response to skeeter20's comment:
In response to andiejen's comment:
In response to skeeter20's comment:
So, we are sending all our medical information, providing tons of personal information, and we should not expect that the government will do at least as much as what is demanded of the private sector?
And I thought the liberal talking point was that this is going to be SO much better.
crikey. Shut the thing off, stop the law dead in its tracks until this basic privacy requirement that is placed on private industry is put into the law and the site.
without it, expect your neighbor at the DMV to be reading your health records at lunch.
""Though not visible to users and obviously not intended as part of the terms and conditions, the language is nevertheless a part of the underlying code for the "Terms & Conditions" page on the site."
The government IS held to the same privacy standards as the private sector. That is exactly what ACC was trying to convey in his post.
See the above portion of his post I copied. In bold black it reads "was not intended as part of the terms and conditions" etc.
Well he's wrong. The issue is not government, but the site. Is the site HIPAA compliant? The answer is no.
Check the questions being asked to enroll. Smoking? That's a health related question. Are you pregnant? Also health related.
HIPAA does not only relate to health data, but one's personal data as well. Seems to me the builders of the site have already admitted the security would not pass audit, so, likely the entire site in non-HIPAA compliant.
This is currently a subject of debate, in the very least.
but, considering the record of the government as of late I am suspect.
As for smoking, this is how that question applies to group plans for example. The way the regulation reads is as follows:
"Can a plan provide a premium differential between smokers and nonsmokers?
The plan is offering a reward based on an individual’s ability to stop smoking.
Medical evidence suggests that smoking may be related to a health factor. The Diagnostic and Statistical Manual of Mental Disorders, which states that nicotine addiction is a medical condition, supports that position. In addition, a report of the Surgeon General adds that scientists in the field of drug addiction agree that nicotine, a substance common to all forms of tobacco, is a powerfully addictive drug.
For a group health plan to maintain a premium differential between smokers and nonsmokers and not be considered discriminatory, the plan’s nonsmoking program would need to meet the five requirements for wellness programs that require satisfaction of a standard related to a health factor.
Accordingly, under the final rules, this wellness program would be permitted if:
- The premium differential is not more than 20 percent of the total cost of employee-only coverage (or 20% of the cost of coverage if dependents can participate in the program);
- The program is reasonably designed to promote health and prevent disease;
- Individuals eligible for the program are given an opportunity to qualify for the discount at least once per year;
- The program accommodates individuals for whom it is unreasonably difficult to quit using tobacco products due to addiction by providing a reasonable alternative standard (such as a discount in return for attending educational classes or for trying a nicotine patch); and
- Plan materials describing the terms of the premium differential describe the availability of a reasonable alternative standard to qualify for the lower premium."
HIPPA does not mean you cannot ever ask health related questions. It has much more to do with how that information is used and protected as well as who and what falls under HIPPA.
The HIPPA rules are very long and cannot fit into a post. However they are easy to find on the internet.
The HITECH regulations are there as well for those who want to read them.