Congressional clock runs out on medical privacy campaign
[July 19] Despite more than 61,000 e-mail lobbying messages, 13 co-sponsors, and a last-minute "Action Item" from the LP national office, the Libertarian Party has fallen short in an effort to derail the federal government's so-called medical privacy regulation.
On June 15, a 60-day window for Congress to "veto" the regulation slammed shut, with no action taken on HJR 38, a bill filed by Congressman Ron Paul (R-TX) that would have repealed the new regulation.
[B]As a result, the Health & Human Services' regulation, which will force doctors to turn their patients' confidential medical records over to the government, has officially gone into effect. The regulation was drafted by the Clinton administration and was quietly implemented by President George W. Bush, despite the public outcry against it.[/B]
"We gave a great effort, but we've lost what we always knew would be an uphill fight," said LP National Director Steve Dasbach. "The problem was that Democrats supported the regulation because it was Bill Clinton's baby, and Republicans supported the regulation because George W. Bush endorsed it.
"It was classic Washington, DC bipartisanship: The politicians won, and the American public -- and privacy -- lost."
Since the LP launched its campaign against the regulation in mid-April, 61,816 people had signed a petition opposing it at the www.DefendYourPrivacy.com website by mid-June, and 13 Congressional co-sponsors signed on in support of HJR 38.
However, that wasn't enough to move the bill out of committee, because House Speaker Dennis Hastert (R-IL) refused to schedule the measure for a vote. Capitol Hill sources said the House schedule was "very light" the week of June 15, and "a vote could easily have been scheduled. Hastert just didn't want to."
Although touted by government officials as a medical "privacy" regulation, the rule mandates that doctors must turn patient records over to federal agencies for "safekeeping," allows the release of medical records without patient consent for unspecified "public health" surveillance activities, and permits law enforcement agencies to access medical records without a search warrant.
The regulation also assigns every American a "unique patient identifier," allows foreign government officials to see Americans' health records if the U.S. government claims it is for a "national health purpose," and gives direct marketers access to medical records without patient consent.
The regulation was opposed by the Free Congress Foundation, the Institute for Health Freedom, the American Association of Physicians and Surgeons (AAPS), WorldNetDaily.com columnist Geoff Metcalf, and others.
According to law, Congress had 60 days from the time the regulation was approved by the HHS to "veto" it. HJR 38 would have declared that the HHS rule had "no force or effect," but the deadline expired on June 15.
A spokesman for Congressman Paul's office said they are "not quite sure yet" what additional action will be taken, but a meeting to "hash out a plan as to where to go from here" was scheduled for late June.