[Congressional Record (Bound Edition), Volume 155 (2009), Part 10]
[Extensions of Remarks]
[Pages 13437-13438]
[From the U.S. Government Publishing Office, www.gpo.gov]




     INTRODUCING THE PROTECT PATIENTS' AND PHYSICIANS' PRIVACY ACT

                                 ______
                                 

                             HON. RON PAUL

                                of texas

                    in the house of representatives

                         Thursday, May 21, 2009

  Mr. PAUL. Madam Speaker, I rise to introduce the Protect Patients' 
and Physicians' Privacy Act. This legislation protects medical privacy, 
as well as quality health care, by allowing patients and physicians to 
opt out of any federally mandated, created, or funded electronic 
medical records system. The bill also repeals the sections of Federal 
law establishing

[[Page 13438]]

a ``unique health identifier'' and requires patient consent before any 
electronic medical records can be released to a third party.
  Congress has refused to fund the development of a unique health 
identifier every year since 1998. Clearly, the majority of my 
colleagues recognize the threat this scheme poses to medical privacy. 
It is past time for Congress to repeal the section of law authorizing 
the Federal unique health identifier.
  Among the numerous provisions jammed into the stimulus bill, which 
was rushed through Congress earlier this year, was funding for 
electronic medical records. Medicare providers have until 2015 to 
``voluntarily'' adopt the system of electronic medical records, or face 
financial penalties.
  One of the major flaws with the federally mandated electronic record 
system is that it does not provide adequate privacy protection. 
Electronic medical records that are part of the federal system will 
only receive the protection granted by the Federal ``medical privacy 
rule.'' This misnamed rule actually protects the ability of government 
officials and state-favored special interests to view private medical 
records without patient consent.
  Even if the law did not authorize violations of medical privacy, 
patients would still have good reason to be concerned about the 
government's ability to protect their medical records. After all, we 
are all familiar with cases where third parties obtained access to 
electronic veteran, tax, and other records because of errors made by 
federal bureaucrats. My colleagues should also consider the abuse of 
IRS records by administrations of both parties and ask themselves what 
would happen if unscrupulous politicians gain the power to access their 
political enemies' electronic medical records.
  As an OB/GYN with over 30 years of experience in private practice, I 
understand that one of the foundations of quality health care is the 
patient's confidence that all information the patient shares with his 
or her health care provider will remain confidential. Forcing 
physicians to place their patients' medical records in a system without 
adequate privacy protection undermines that confidence, and thus 
undermines effective medical treatment.
  A physician opt out is also necessary in order to allow physicians to 
escape from the inefficiencies and other problems that are sure to 
occur in the implementation and management of the Federal system. 
Contrary to the claims of the mandatory system's proponents, it is 
highly unlikely an efficient system of mandatory electronic health 
records can be established by the Government.
  Many health technology experts have warned of the problems that will 
accompany the system of mandatory electronic medical records. For 
example, David Kibbe, a top technology adviser to the American Academy 
of Family Physicians, warned President Obama in an open letter late 
last year that existing medical software is often poorly designed and 
does a poor job of exchanging information. Allowing physicians to opt 
out provides a safety device to ensure that physicians can avoid the 
problems that will inevitably accompany the government-mandated system.
  Madam Speaker, allowing patients and providers to opt out of the 
electronic medical records system will in no way harm the practice of 
medicine or the development of an efficient system of keeping medical 
records. Instead, it will enhance these worthy goals by ensuring 
patients and physicians can escape the inefficient, one-size-fits-all 
government-mandated system. By creating a market for alternatives to 
the government system, the op-out ensures that private businesses can 
work to develop systems that meet the demands for an efficient system 
of electronic records that protects patients' privacy. I urge my 
colleagues to stand up for privacy and quality health care by 
cosponsoring the Protect Patients' and Physicians' Privacy Act.

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