Tag: data-tracking

  • Privacy Denied. Medical Data Tracking Expanded. HB 91

    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.

    Simple option to text, email or send a video message from your phone:

    To download Testifi for your Android device, click this link from your phone or tablet.

    To download Testifi for your Apple device, click this link from your phone or tablet.

    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

  • HB 91: Invasion of Privacy (IRIS)

    HB 91: Invasion of Privacy (IRIS)

    Do you know what IRIS is?

    It is a sneaky invasion of privacy regarding one’s private health information (PHI). IRIS has historically been an immunization registry for children’s vaccination records, but is now being used to assimilate the medical information regarding one’s vaccinations (or lack thereof) without the knowledge or consent of a patient or their guardians. Our children’s vaccination records are already in IRIS, and IRIS is expanding to all adults in the State of Idaho as well.

    That’s right! The Legislature wants to expand their data tracking information to include all adults with HB 91. The newest invasion of privacy has passed committee and will be heard on the house floor Feb 21st. If passed it will move onto the Senate Health Committee and Senate Floor. Time is limited we MUST TELL LEGISLATORS TO OPPOSE HB 91 the bill that will require the State tracking of the  immunizations of all adults.  

    Simple option to text, email or send a video message from your phone:

    Talking Points:

    1) No other pharmaceutical product use is reported to the state like this and this is a violation of medical privacy.

    2)  CDC has openly stated that vaccine registries are a tool to identify areas of “undervaccination” so that they can be “addressed” and brought into “compliance.”   https://www.cdc.gov/mmwr/preview/mmwrhtml/mm6133a2.htm  The healthcare choices Idahoans make are Idahoans’ and there is no need for our choices to be “addressed” or brought into “compliance”. This is an attack on our health freedoms disguised as just a little information gathering. Given that the pharmaceutical companies have nearly 300 vaccines in development and would like to see those used by the entire populace, it is not hard to see why CDC wants to monitor the public’s use of vaccines so it can “address areas of undervaccination.”

    3) We know from the problems many parents have reported that many parents have no idea that IRIS (the Idaho Immunization Registry) even exists, no idea that their children’s information is being entered into the system, no idea that the registry is voluntary and that they may opt out completely yet Idaho Code 39-4803 explicitly states that the registry is voluntary. Several years ago we fought the extension of IRIS to adults because code was already not being followed and we won.   https://legislature.idaho.gov/statutesrules/idstat/Title39/T39CH48/SECT39-4803/

    4) Given violations of I.C. 39-4803 pertaining to IRIS and children, we are very concerned that adults will not be aware there is a system, that the system is opt out, and that their private medical information will be entered into it. If they aren’t aware the system even exists or that it is voluntary, how is the system truly voluntary? If parents are not being informed of the existence and voluntary nature of IRIS, why should we trust that this information will be explained to adults?

    5) There is nothing in HB 91 that explicitly requires those who administer vaccines to notify vaccine recipients of the existence of IRIS or the fact that IRIS is voluntary but that vaccine recipients must opt out. 

    6) There is nothing in HB 91 that ensures vaccine administrators follow the law. Who will check and ensure the law is followed?

    7) We already know that the Idaho Department of Health and Welfare has violated code with respect to IRIS. Several years ago when Dr. Christine Hahn of the Department of Health and Welfare testified in front of the Senate Health and Welfare Committee, she stated that IRIS had already entered the personal private information of Idaho adults who had received a flu vaccine into the system. This is illegal. There is no code that allows for the private medical information of adults to be entered into IRIS. If they’ve already broken the law, why should we trust that they will follow it now?