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Physicians sue to overturn HIPAA privacy rule. (Texas OB.GYN. A Coplaintiff).
The Association of American Physicians and Surgeons has filed a lawsuit asking that a new federal privacy regulation be overturned on the basis that it is unconstitutional.
Rep. Ron Paul (R-Tex.) signed onto the suit as a coplaintiff. The lawsuit has been filed in U.S. District Court for the Southern District of Texas-Houston Division.
The complaint seeks declaratory judgments that the privacy rule is unconstitutional because it allows government access to personal medical records without a warrant, impedes patient-physician communications, and intrudes into the states' maintenance of personal medical records.
"Patients are withholding information, and doctors are lying because of privacy concerns," said Dr. Jane M. Orient, the association's executive director, citing an informal poll of 344 AAPS members. "Physicians' ethics will be further challenged if they're forced to choose government compliance or lying for a patient."
In the poll, 96% of respondents said that the privacy rule would further compromise patient privacy.
The privacy rule, which is part of the Health Insurance Portability and Accountability Act (HIPAA), became effective on April 14.
Most health plans and providers have until 2003 to fully comply; small plans have an extra year.
- Physicians Sue To Block HIPAA Privacy Rule.(Brief Article)
- Magazine article from: Family Practice News PETERS, SALLY October 1, 2001 700+ words
...the District of South Carolina-Columbia Division...judgments that the privacy rule--part of the...parts of the privacy rule. The agency...lawsuit, the South Carolina Medical Association...scope of the privacy rule. Congress originally...
- Privacy Rule Challenged in Federal Court.
- Magazine article from: Health Management Technology September 1, 2001 700+ words
...State Medical Society and the South Carolina Medical Association and its affiliated...constitutionality of the new medical privacy rule. The complaint cites the Department...District Court for the District of South Carolina, Columbia Division, the suit...
- Privacy rule guidance clarifies medication consent question.
- Newspaper article from: Drug Utilization Review September 1, 2001 700+ words
...of care, analyst says The federal privacy rule won't limit physicians' ability...delay the HIPAA effective date. The South Carolina Medical Association in Columbia and...asked the U.S. District Court in South Carolina to overturn portions of the regulation...
- The HIPAA privacy rule: Practical advice for academic and research institutions.
- Magazine article from: Healthcare Financial Management Gunter, Kim P. February 1, 2002 700+ words
...individually Identifiable Health Information (privacy rule) of the Health Insurance Portability...a strategy to comply with the final privacy rule, these organizations require an understanding...authorization, how requirements of the final privacy rule build upon those of the Federal ...
- The impact of the HIPAA Privacy Rule on collegiate sport professionals.(Health...
- Magazine article from: The Sport Journal Bell, Richard Ratzlaff, Sarah Elizabeth March 22, 2008 700+ words
...act. This clause is referred to as the Privacy Rule; it was effective on October 15, 2002...Identifiable Health Information" is the Privacy Rule (45 CFR parts 160 and 164). The Privacy Rule implements the privacy requirements of...
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- Magazine article from: Defense Counsel Journal Olinde, John F. McCard, Hal April 1, 2005 700+ words
...Services (DHHS) published the final Privacy Rule under the Health Insurance Portability...for covered entities subject to the Privacy Rule was April 14, 2003 (April 14, 2004 for certain small health plans). The Privacy Rule, found at 45 C.F.R. Part 160 and...
- New Privacy Rule Will Cost Health Providers Billions.(U.S. Department of Health...
- Magazine article from: Arkansas Business O'REILLY, BRENDAN January 22, 2001 700+ words
...Association in Washington, said of the privacy rule's $17.6 billion price tag. "But...visit over the next 10 years." The privacy rule presented by the department Dec. 22...affordable health care." House said the privacy rule "is a good thing, too, but will make...
- HIPAA privacy rule may impede research, fail to protect subjects.(Practice...
- Magazine article from: Family Practice News Moon, Mary Ann February 1, 2008 700+ words
...Portability and Accountability Act's privacy rule has stymied clinical research by making...scale survey to assess the effect of the privacy rule, which was implemented in 2003 to protect...or single-institution studies: The privacy rule's overall effect on research has been...
Source: HighBeam Research, Physicians sue to overturn HIPAA privacy rule. (Texas OB.GYN. A...