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Medical records in Maryland
``` [I haven't verified any of this, but it is certainly plausible and important to look into further. Note that these things are typically not just about one state; once a law on a new topic is passed in one state, it is very frequently copied by many or all of the other states. It sounds as though a deadline has passed in this case, but the issue is still worth tracking.]
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Date: Mon, 11 Mar 96 21:41 PST
From: PRIVACY Forum
PRIVACY Forum Digest Monday, 11 March 1996 Volume 05 : Issue 06
Moderated by Lauren Weinstein (lauren@vortex.com) Vortex Technology, Woodland Hills, CA, U.S.A. ===== PRIVACY FORUM =====
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Date: Mon, 26 Feb 1996 03:18:45 +0500
From: "Keep InforM.D."
In 1993, the Maryland legislature passed a sweeping health care reform bill known as HB 1359. This 81 page bill - signed by Governor Schaefer created (among other things) the Health Care Access and Cost Commission (HCACC) and charged them to create a database of ALL encounters with providers of care by patients. The following must be reported to A STATE AGENCY (HCACC) WITHOUT YOUR CONSENT !!!
Taken from HCACC Notice of Proposed Action dated 06/23/95
(1)Patient ID (your insurance ID number encrypted) (2)Patient Date of Birth (3)Patient Sex (4)Patient Race (W,B,Asian or Pacific Islander,Native American, Other) (5)Patient ZIP Code (6)Patient Covered by Other Insurance (7)Coverage Type (Medigap,Individual,Self Insured,Employer Plan,Public Employee) (8) Delivery System Type (HMO,P(oint) O(f) S(ervice),PPO or other Managed Care, Indemnity) (9) Claim Related Condition (Non accident, Work, Auto accident, Other accident) (10) Practitioner Tax ID (11) Participating Provider Indicator (Yes, No, Not coded) (12) Claim Total Charge (13) Claim Allowed Charge (14)Reimbursement Amount (15) Patient Liability (Patient copay and/or deductibles) (16) Type of Bill (interim or final etc) (17) Claim Control Number (the internal control number used by insurers to track claims) (18) Claim Paid Date (19) Number of Diagnosis Codes (up to ten indicators of your illness) (20) Number of Line Items (up to 15 procedures) (21) Diagnosis Codes (see (19)) (22) Service From Date (beginning treatment date) (23) Service Thru date (ending date) (24)Type of Service (Phys, Pharmacy,Lab,Medical equipment, Surgery,Dental) (25) Place of Service (Inpatient, Outpatient hospital, Office, Surgicenter, Home, State or Local Clinic, Hospice,Intermediate Care Facility, Comprehensive Care Facility (26) Service Location Zip Code (27) Unit Indicator (Miles, Anesthesia,Visits, Oxygen Units, Blood Units) (28) The Number of Units in (27) (29) Procedure Code ( What Care was Provided) (30) & (31) Modifiers (32) Servicing Practice Identifier (33) Billed Charge (34) Amount Allowed
also--- Collect appropriate information relating to prescription drugs for each type of patient encounter with a pharmacist ...
Issue 1 You will not have the right to deny the state access to this information.
Issue 2 Psychiatric patients, in an effort to protect themselves from outsiders gaining knowledge of their treatment, pay the bills themselves to avoid the insurance company making a record and their employer finding out they are in treatment. THEY WILL LOSE THAT PROTECTION!!!
Issue 3 In 1996 and beyond, do you really want a governmental agency to have this access to your personal life ?
Issue 4 This information MUST BE PUBLISHED BY LAW. With all of the 34 items above, it will be very easy to identify you. This information will be sold without restriction.
Issue 5 Notice that RACE is a required element.
Issue 6 Does the state need to know your prescriptions ? Lets suppose a pharmaceutical company buys the information (they do in Florida- I verified it!!) they could mail brochures to you on drugs THEY want you to take.
Issue 7 Florida tracks only 80 surgical and medical codes. Why does the state need everything ?
Issue 8 What could a divorce lawyer do with the information (custody battle, etc)
Issue 9 What about patients who are HIV+ or have AIDS ?
Issue 10 Most states (No. Carolina, Virginia, California, Utah, ) who have created a much more limited version have already sold or given the database to a PRIVATE CONCERN. So don't be lulled into thinking that the state will always have control. In the law - they are allowed to contract with ANY nonprofit entity that is not an insurer.
WHAT CAN YOU DO ?
HB 557 mandates that you CONSENT in writing EACH TIME you are treated. That Hearing is set for Thursday FEBRUARY 29, 1996 in the Environmental Matters hearing room (Room 160) in The Lowe House Office Building in Annapolis Maryland.
If you can't attend please call your representative at 1-800-492-7122.
Other bills (HB 1018, HB 1030, HB 1031) related to this matter will be heard that day also.
YOU CAN E-MAIL ME YOUR SENTIMENTS AND I WILL TAKE THEM WITH ME AND PRESENT THEM ON YOUR BEHALF WHEN I TESTIFY.
e-mail informed@access.digex.net
Do not give up your right to privacy. You must act to save it. It is about to be stripped from you if you don't speak up.
Keep InforM.D. Health Care News and Legislative Services P. O. Box 709 Riderwood, Maryland 21139-0709 informed@access.digex.net ```
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