Some days it seems like we lose another freedom every hour or so. So much for the Baby and the Bath Water…
This is just in from my friend, Joy Rich:
Here’s an instance of HIPAA being misused by the New York City Department of Health.
As of April 8th, only “authorized personnel of the Department or its authorized agents,”which means NOT US, is allowed into the record room at the New York City Department of Health to search the printed indexes (that’s the only format they’re in).
The Notice of Adoption is on page 4 of http://www.nyc.gov/html/doh/downloads/pdf/notice/article-3-adoption-June-2008.pdf undersection §3.25.
A “further discussion of its purpose and rationale,” titled “§3.25 Inspection of records and proceedings of the Department” is on page 13 of the Notice of Adoption. It says, inpart,
“Subdivision (e) of current §3.27, which currently allows access to the printed indexes ofvital statistics records, has been repealed in its entirety. The Department will no longer make such indexes available, since such access can be abused and result in *identity theft* and attendant *security risks*. In addition, genealogists and others interested in genealogical research can access appropriate information from the Municipal Archives. [In fact, the Municipal Archives only has birth indexes through 1909 and death indexes through 1948]. While these amendments reflect the policies and practices of the DOHMH, the amended provisions also take into consideration the federal regulations promulgated pursuant to the *Health Insurance Portability and Accountability Act* (HIPAA). HIPAA represents the federal privacy standard to protect patients’ medical records and other health information provided to health plans, doctors, hospitals and other health care providers.”
Joy Rich
Chapter Representative, New York Metro Chapter http://www.apgen.org/chapters/newyork
Association of Professional Genealogists http://www.apgen.org
This is a perfect example of intentionally misleading people. The Notice of Adoption cites identity thefts first, security second, and then a distant third, HIPAA, as the reasons for its actions. Moreover, it never claims that it is *required* by HIPAA to close the record room, merely that it took HIPAA “into consideration.” After all, if they actually believed that HIPAA directed them to close access to the indexes, why are they doing it only now, 12 years after HIPAA was enacted??? More than likely what they meant was that they took seriously the intent of HIPAA, to protect the privacy of individuals. Let’s not overinterpret things just to make a sensationalistic point.
Now I’m being accused of misleading people? I’m sorry – but I’m a little thin-skinned on the subjects of Identity theft, security, and HIPAA laws. I’ve found myself on the short end of the stick on all of these subjects – and figure that any time I can make other genealogists aware of the loss of our freedoms I will do so. And folks – we’re losing them left and right! If HIPAA laws weren’t involved, then why were they thrown into the mix? HIPAA laws nearly cost me the ability to get a mortgage last year, when I found that I couldn’t contest items found on my own credit report – because of the broad interpretation of HIPAA. ’nuff said…
HIPAA laws didn’t have anything to do with your mortgage. The inappropriate use, misunderstanding, or false claims regarding HIPAA laws did. So I guess you want your doctor and his staff publicizing your medical history, huh?
You and I are having too much fun with this one {grin]. I agree with you in your above statement. However, it seems like there needs to be some common sense thrown into the mix as deals with the overly-broad interpretation of our laws, which does have a dampening effect our freedoms. Identity theft and security are thrown out as an excuse to close records on nearly a daily basis. Add HIPAA to the mix, and the coffin is nailed tight. For that reason, I led my headline with HIPAA. I could just as easily have led with the identity theft issue – but chose not to.