Privacy Denied. Medical Data Tracking Expanded. HB 91

HB 91 will expand an system ALREADY in place that denies a child's right to privacy, exposes children's private medical information to State and third parties and violates HIPPA. Now they wish to expand the tracking of private medical information to adults. This system will mandate that adult's private/personal medical information entered into the State tracking system within 28 days of a doctor's visit. It is only AFTER your information is uploaded to the system that you have the opportunity to opt-out.  Once that PHI (private health information) is sent out, there is no expunging it from anyone's record EXCEPT IDHW, meaning your medical information is now out in the open, with no chance of it being private again, and all without your consent.Once you opt out, the burden is on you to ensure that H&W has actually expunged that info (and remember, other 3rd parties do not have to). This is not just any time you go to the doctor for vaccinations. This is every single time you go to a pharmacist, an ER, an urgent care, to get a mammogram, etc. It is hospital policy to ask patients about vaccination status every time they go in, and there is pressure to give you a flu shot and a DTaP/TDaP booster every time you go in for any kind of injury, especially when you don't remember when you last received them, even if you are sick (many hospitals even require pressure to be put on those who have immune disorders). 

This is wrong, and dangerous. "Intent" of the law doesn't matter so much as the possibility for the law to be misused against the people. Not to mention the inherent violations of privacy written into this particular one.
TELL LEGISLATORS NO ON HB 91.

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HISTORY:

-IRIS was originally created to allow parents a centralized place to "store" their children's vaccination records in case they lost their hard copies, and it would be easily accessible to parents, other legal guardians, child care providers, and health care workers if the parents allowed them access to it.

-IRIS was also an opt-in program originally, so when a parent went in for a well child check, they could sign a waiver (along with the HIPAA form) that allowed their doctor to put their child's vaccination information into IRIS (because it is private health information, protected by HIPAA).

-In 2012, IRIS became an opt-out program because doctors complained that the one extra page of paperwork was "too much work". Now most parents don't even know their children's PHI is in IRIS. They can technically opt out by submitting a written statement to IDHW, but it doesn't function that seemlessly.


-In 2015, provisions were made to allow 3rd parties access to our children's vaccination records by omitting the section that previously required records to be expunged from 3rd parties as well when parents opted out of IRIS.

DANGERS:

  • Because it is an opt-out program, the majority of parents do not know their children's information is in IRIS. IDHW sends out a paper shortly after your child is born saying that they are enrolled into IRIS, but you receive that about a month after they are born and in the mix of all the other paperwork you get at the hospital or from 3rd parties after a child is born, it doesn't stick out as anything important unless you already know what you're looking at.

  • If H91 goes through, your personal medical records will be on file with IDHW until you opt out (and DHW states that it may take up to 2 weeks for you to opt out officially and your records be expunged from H&W)
    .
  • Your information will be given to third parties that DO NOT have to expunge your information, nor do these 3rd parties have to disclose to you that they HAVE your medical information (now, there are 3rd parties, but they are named in the current statute, whereas 2 years ago they were not in the original bill).
  • You cannot just "opt out" of the program before you are entered into it. What H91 does is take it a step further MANDATING that all providers put that medical information into IRIS. Only afterwards can you "opt" out. Providers have a 28-day window to provide IRIS with this information, and IDHW has a 2 week window to expunge your information IF they have your information by the time your provider sends it over. Within the time frame that your provider sends the information to IRIS and the time that H&W expunges that information, H&W will be sending that PHI to 3rd parties without one's consent and usually, without their knowledge. Once that PHI is sent out, there is no expunging it from anyone's record EXCEPT IDHW, meaning your medical information is now out in the open, with no chance of it being private again, and all without your consent.

Particularly since this is done without one's consent, or even knowledge, it is a violation of HIPAA. Once you opt out, the burden is on you to ensure that H&W has actually expunged that info (and remember, other 3rd parties do not have to). This is not just any time you go to the doctor for vaccinations. This is every single time you go to a pharmacist, an ER, an urgent care, to get a mammogram, etc. It is hospital policy to ask patients about vaccination status every time they go in, and there is pressure to give you a flu shot and a Dtp booster every time you go in for any kind of injury, especially when you don't remember when you last received them, even if you are sick (many hospitals even require pressure to be put on those who have immune disorders). This is wrong, and dangerous. "Intent" of the law doesn't matter so much as the possibility for the law to be misused against the people. Not to mention the inherent violations of privacy written into this particular one.

Thank you for your time and for being a representative for the people

UPDATE: 

WIN FOR HEALTH FREEDOM IDAHO
Adult Immunizaiton Tracking
VOTED DOWN


Health Freedom Idaho members called and emailed their concerns to the representatives. They were heard! And the results was 44 of our state representatives voted down of the privacy invasion. 

Watch the entire House Debate from the archives:
http://lso.legislature.idaho.gov/MediaArchive/ShowCommitteeOrMedia.do;jsessionid=92559A4CF43D605E802FDE4D77DC0D5Fchives


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