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PRIVACY

Most American patients believe that signing all the "privacy notices" at the doctor's office, hospitals, pharmacies and other places mean that your health records will not be used or disclosed without your permission.  We believe that our signature ensures that no one can look at the sensitive information of health records, including prescriptions, tests, diagnosis without our permission - and most importantly, we believe that what we tell our doctors is private.

Unfortunately, WE ARE WRONG.  The individual right to decide who sees and uses the sensitive and personal health information of you and your family was eliminated in 2003 with an amendment to the Health Insurance Portability and Accountability Act  (HIPPA) of 1996,  "Privacy Rule" - effectively eliminating the "right of consent."

The Privacy Rule removed patient consent and allowed over 4 million businesses, employers, government agencies, insurance companies, billing firms and all their business associates, including pharmaceutical companies, marketing firms and data miners.  While your doctor most likely wishes to protect your information, once the records are sent out of their offices, they can no longer control who can see or use this information. 

HOW CAN YOU PROTECT YOUR INFORMATION?

Patients should feel empowered to protect their health information - and can easily take action with their doctors.  Our friends at Patient Privacy Rights (www.patientprivacyrights.org) have put together a toolkit for patients of materials that patients can bring to their doctor visits, and doctors can make available for patients.

Section 164.524 of HIPAA: Access of Individuals to Protected Health Information

Doctor Patient Medical Association believes the highest level of trust between patient and medical professionals is necessary for the highest level of care.

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More DPMA info on privacy:

"What's the Big Deal About Patient Privacy" - Kathryn Serkes, June 4, 2012  http://www.doctorsandpatients.org/blog/69-whats-the-big-deal-about-patient-privacy

More information on privacy:

Patient Privacy Rights - visit www.patientprivacyrights.org

http://epic.org/privacy/medical/

http://www.privacyrights.org/Medical-Privacy

Watch & Listen - more information

Listen to an interview with DPMA's Michael Ostrolenk and Patient Privacy Rights about the 2nd International Summit on the Future of Health Privacy, including what the concerns are as America moves to more electronic health records.

http://www.ostrolenkradio.com/2012/05/2nd-international-summit-on-the-future-of-health-privacy/

Michael Ostrolenk presenting on medical privacy in 2009 Congressional Briefing, Healthcare Reform Stories From the Frontlines. Russell Senate Office Building.

http://www.youtube.com/watch?v=VsOioLuIyBg

 
Patient Protection and Affordable Care Act (PPACA)

The Patient Protection and Affordable Care Act (PPACA) was signed in to law by President Obama on March 23, 2010. Doctor Patient Medical Association believes this law, with over 12,000 pages of new laws and regulations giving sweeping new powers to political appointees like the HHS Secretary and IRS is detrimental to the medical freedom of medical professionals and patients.

It is DPMA's position that PPACA is the Destruction Of Our Medicine, attempting to insert the government and bureaucrats between the relationship and decisions of medical professional and their patient.

For more information, please read the following:

PPACA = DOOM, facts and figures at your fingertip

DPMA led coalition letter urging repeal of PPACA

 
The CLASS ACT

The Patient Protection and Affordable Care Act (PPACA) established  a national, voluntary insurance program for purchasing community living services and supports known as the Community Living Assistance Services and Supports program (CLASS Act).  The program came with a provision;  a built-in requirement that the program be "actuarially sound" according to "techniques and methodologies...generally accepted within the actuarial profession" as certified by the Medicare Chief Actuary.  CLASS was a key contributor to the passage of PPACA because it allowed proponents to claim the bill reduced the deficit by $70 billion - counting CLASS program enrollees' premiums as "revenue."  (The program was set to start collecting premiums for eight years of the ten year budget window (at the time, 2010-2019), but not pay any benefits until 2017.)

As many expected, it was not possible for the actuarially sound requirement to be met.  On October 14, 2011, Secretary of Health and Human Services Kathleen Sebelius reported to Congress that this problem could not be overcome, and “despite our best analytical efforts, I do not see a viable path forward for CLASS implementation at this time.”  HHS recommended to suspend implementation of CLASS Act.  See the full report here.  (http://aspe.hhs.gov/daltcp/reports/2011/class/CLASSmemo.shtml)

Doctor Patient Medical Association supports the Obama Administration's decision to not implement CLASS.  In addition, we support full repeal of CLASS to ensure that future administrations do not attempt to reinstate the program and provide a permanent fix.  Unless the CLASS Act is repealed, the temporary protection of this suspension is to the whim of the Secretary of HHS. It is necessary to eliminate the underlying statutory provisions authorizing the program.

Read more...
 
Independent Payment Advisory Board

Section 3403 of the Patient Protection and Affordable Care Act (PPACA) established the Independent Payment Advisory Board (IPAB), responsible to reduce the per capita rate of growth in Medicare spending.  IPAB is a panel of 15 independent, unelected bureaucrats with unilateral authority, whose decisions are freed from judicial and administrative review.  Congress cannot delegate away it's legislative responsibilities under the Constitution.  The decisions of IPAB will most certainly cut payments to physicians under Medicare, limit patient access and quality to medical care. 

Doctor Patient Medical Association is not supportive of the IPAB and urges repeal.  DPMA recognizes there is a problem with Medicare spending and need for savings, but IPAB is not the right approach.  Private contracting, tort reform, permitting charity care will provide the stability and certainty that physicians and patients need.

Read more...
 
Private Contracting

The Balanced Budget Act of 1997 included a provision which allowed seniors to enter into private contracts with physicians and health care practitioners for services that would not otherwise be covered by Medicare.

But there's a catch. Any doctor or health care provider who wants to set up a contract must sign an affidavit agreeing to stop seeing any Medicare patients for two years. This means that a doctor who wants to enter into one single private contract with one single patient must refrain from accepting ANY Medicare-eligible patients who want to file claims for Medicare coverage.

This has made it more difficult for Medicare patients to find doctors who are willing to treat them. Patients who want to preserve their Medicare coverage are not allowed to pay out of their own pockets for the services they choose.

Read more...
 


2012survery results callout

DPMA in the News!

August 1st, 2012

Written by Loren Heal

Physicians reacted with shock and anger to the Supreme Court’s decision to uphold the President Obama’s health care law, according to poll data and the leaders of activist groups, which are continuing to fight the law in court and via political action.

According to Kathryn Serkes, cofounder of the Doctor Patient Medical Association, a recent nationwide poll sponsored by her organization found 83 percent of U.S. physicians have considered leaving their practices due to President Obama’s law.

“This not just something that started today, and it’s not something that just started with passage” of Obama’s law, said Serkes. “There have been developments in medicine that have made it very, very difficult and have put some seriously different pressures on doctors. But this bill has certainly brought things to a head.”

Read the full article here...

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