Tell Congress to Keep Your Private Medical Information Truly Private!

Under HIPAA (the Health Insurance Portability and Accountability Act), medical records are supposed to be kept private and any patient information that is shared is supposed to be stripped of key identifying information (this is known as the Safe Harbor rule). However, HIPAA has a big loophole: state public health agencies are exempt from Safe Harbor rules when they sell private medical records as part of a health database. When this medical data is cross-referenced with other public information (such as news reports and other databases), it can reveal a person’s identity.

Private medical records are being sold to pharmaceutical companies, health insurance companies, and even major websites like WebMD. This will make more people reluctant to seek medical care: patients rely on doctor-patient confidentiality, and that sacred trust is meaningless if their information is sold to the highest bidder.

Ask your legislators to amend HIPAA to allow patients to opt out—to keep their medical information from being sold or shared with any entity that is not currently giving the patient medical treatment.

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Dear [Decision Maker],

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I'm extremely concerned about a loophole in HIPAA (the Health Insurance Portability and Accountability Act). Medical records are supposed to be kept private, and HIPAA's Safe Harbor rule is supposed to ensure that any patient information that is shared is stripped of key identifying information. The loophole, however, is that state public health agencies are exempt from Safe Harbor rules when they sell private medical records as part of a health database. When this medical data is cross-referenced with other public information (such as news reports and other databases), it can reveal a person's identity.

Twenty-five states in the US voluntarily follow HIPAA guidelines when sharing electronic medical records; the other twenty-five leave some combination of identifying information that makes it possible for whoever buys the data to pinpoint anyone's personal medical record -- and then make it public.

My family's private medical records are being sold to pharmaceutical companies, health insurance companies, and even major websites like WebMD! This is completely unacceptable, and will only serve to make people more reluctant to seek medical care. Patients rely on doctor-patient confidentiality to protect private information that they fear will be exposed, and that sacred trust is meaningless if their information is sold to the highest bidder!

As your constituent, I'm asking you to amend HIPAA to allow patients to "opt out" -- to keep their medical information from being sold or shared with any entity who is not currently giving the patient medical treatment. How would you like it if YOUR private medical information were visible to anyone who paid enough money?

Sincerely,
[Your Name]
[Your Address]
[City, State ZIP]

Protecting Natural Health