Thread: -The Docket-

So just when you think things can't get any worse with the Healthcare reform debacle in the United States, something happens in plucky little Colorado. Apparently, the director of their health exchange services, that is the services provided by the State to prospective consumers for insurance locate compatible insurance programs within the guidelines of the Affordable Care Act, has just been indicted for fraud. Now, just because someone is indicted, doesn't mean, per se, that they have been proven guilty of it yet. But, it is a serious problem, and the state has placed herthe director of the health exchange programon administrative leave! The reason for this darling of bureaucratic wonder's indictment? Well, apparently, she stole confidential information from a non profit organization. Now this is truly alarming, and clearly demonstrates the high caliber and quality of her character. Because what we face in this country, and indeed worldwide, as the fastest growing area of crime, is identity theft. Of course, what is the most confidential and personal information which one can provide? The information connected with receipt and purchase of health insurance policies! This is the sort of information requiring your Social-security number, your prior health concerns, your current health concerns who your doctors are, your address...ad infinitum. Indeed, these problems are truly serious, and can we really say that the system has been designed to protect and ensure the security and confidentiality of this information? It travels down similar lines as that of mandatory switch to Electronic Medical Records MRS by physician's offices, hospitals, etc. The problem with these new developments, especially the mandatory developments, is it creates a conflict with current standing Federal lawprimarily the HIPAA guidelines, providing patients who suffered from a breach of confidentialitythat is, as health care institution has inadvertently allowed confidential information to be placed in such a position that unauthorized eyes can peer upon these documentssuch patients are able to gain astronomical damages, which shoot into the stratosphere! Millions of dollars in damages are involved in this sort of cases. Yet, when we see that the greatest source for the fastest growing area of criminal activity is, in fact, the Internet...one might suppose that the new laws would provide certain shields, protecting the institutions and physicians who are forced to convert from more secure methods of storing data, to this newer, less secure method of storing and transferring patient information. But, the sad truth of the matter is, governmentbeing as efficient as alwaysfailed to provide such protections, or offered any form of insurance to these healthcare institutions handling such vast amounts of sensitive and confidential information at all. Thus, it means that these physicians, hospitals, pharmacies, and what not, who all handle patient information...all of which is sensitive, are forced to potentially violate a preexisting and well-established Federal law. This, my friends, is madness! More than that, it is Unconstitutional. What this does, is create an Ex post facto law. An ex post facto law, is a law which makes something which was previously legalillegal, legalillegal after the fact, and has retroactive effects. Therefore, the law HIPAA in this case, which existed first, can have retroactive effects on any breaches in attempts to comply with a new law, where a physician, pharmacy, or hospital now stand fully liable for any such breach. This is damaging, my friends, very damaging. It demonstrates the complete scope of idiocy when it comes to the bureaucratic madness controlling our Federal government. If there is one thing that American citizens deserve above all is, it is that the government works to its utmost, ensuring that said government does not create laws which force citizens to potentially violate other well-established, preexisting laws. Put another way, legislators need to know the content of any piece of legislation up for consideration, before it is passed. Common sense would dictate this. But, as we already know, common sense has no place in Washington DC!