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Your Medical Treatment History Is For Sale 607

PizzaFace writes "The Washington Post reports on the booming business of selling your medical treatment records. Today these are mainly records of your prescriptions, but the data warehouses will soon have records of your lab tests, too. The companies selling these records make it easy for insurance companies to avoid risk by assigning each person a health score, similar to a credit score, or by flagging items in each person's history that suggest chronic or potentially expensive health problems. It's not just for insurers, either; employers who check applicants' credit scores will surely be interested in their health scores as well."
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Your Medical Treatment History Is For Sale

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  • HIPPA (Score:5, Informative)

    by sm62704 ( 957197 ) on Tuesday August 05, 2008 @03:36PM (#24485053) Journal

    Sell my medical records and my lawyer will be in touch with your lawyer. See Health Insurance Portability and Accountability Act [wikipedia.org]

  • Re:HIPPA (Score:2, Informative)

    by l33tDad ( 1118795 ) on Tuesday August 05, 2008 @03:40PM (#24485123)
    Exactly what I was thinking. I work in the IT department of a hospital and can tell you that I can't even look up my own lab reports or medical records without fear of disciplinary measures as technically it's a HIPAA violation! Even talk casually about a patient in a public place and it's a violation... Sell my records and I'm with the parent, have fun talking with my lawyers!
  • Re:Vigilantism is s (Score:3, Informative)

    by sconeu ( 64226 ) on Tuesday August 05, 2008 @03:56PM (#24485537) Homepage Journal

    It's been done [imdb.com].

  • by Lord Apathy ( 584315 ) on Tuesday August 05, 2008 @03:58PM (#24485577)

    And to play devil's advocate to your devil's advocate what happens to you if your good health turns out not to be as good as you think it is?

    I don't think someone should be made to pay higher healthcare costs for stuff that isn't his fault. But I think it should be fair game on lifestyle choices. If you smoke or drink then I think you should pay more in to the "system."

    The really sad part I see is people seem to think the healthcare in general sucks. Which I don't see as true. Medicine in general is the best it has ever been. What sucks is the bureaucracy and the bullshit that as built up around it.

  • Re:A Non-Issue. (Score:3, Informative)

    by Ambiguous Coward ( 205751 ) on Tuesday August 05, 2008 @03:59PM (#24485587) Homepage

    You can walk to the store and work. You can't perform an appendectomy on yourself.

    Interestingly, a little searching found this:

    http://en.wikipedia.org/wiki/Self-surgery [wikipedia.org]

    Take a look at the first bullet under the heading "Abdominal."

    So there you have it...*shudders*

    -G

  • Re:mod parent up (Score:4, Informative)

    by non ( 130182 ) on Tuesday August 05, 2008 @04:02PM (#24485649) Homepage Journal

    wrong.

    wrong, wrong, wrong, wrong, wrong.

    repeat after me; wrong.

    why, you wonder, are you wrong? in a system where market participants place performance, or more properly, are bound by law to place performance, above all other measures of success it is plain that the welfare of the consumer is not considered unless also mandated by law, and even then will be considered less important than the business's performance if there are not sufficiently dissuasive penalties.

    for further reference see RailTrack [wikipedia.org].

  • by Flying Scotsman ( 1255778 ) on Tuesday August 05, 2008 @04:03PM (#24485671)
    Maybe I'm missing something and there's a loop-hole, but AFAIK In Canada selling this information is illegal, and I thought that medical records were confidential in the US as well (apparently not). In Canada patients and health care professionals have client/doctor confidentiality similar to client / lawyer confidentiality. A doctor's office would lose it's practice if it handed over information to anyone without the patient's consent. Similar laws exist in the US. From my understanding, the loophole here is that they're not selling the specific health information (such as "Mr. Smith has AIDS"), but they're selling the sales records of the drugs Mr. Smith is taking ("Mr. Smith is taking drugs that are used to treat AIDS").
  • by Abcd1234 ( 188840 ) on Tuesday August 05, 2008 @04:04PM (#24485689) Homepage

    AFAIK In Canada selling this information is illegal

    That it is... well, unless you sign a disclosure, which the article claims is required if you want to get insurance in the first place. So you're basically boned in the US if you want health care coverage *and* your personal privacy.

  • Re:HIPPA (Score:5, Informative)

    by uberdilligaff ( 988232 ) on Tuesday August 05, 2008 @04:08PM (#24485787)
    Sadly, you'll never know when it happens, or which party in the chain of custody of your records ratted you out. And if you have any sort of insurance, the claim form you signed and submitted almost certainly authorized the insurance company to get any information they feel they need about your care "to evaluate your claim". You're screwed.
  • by Animaether ( 411575 ) on Tuesday August 05, 2008 @04:09PM (#24485805) Journal

    "thus the only way to increase their income is to get more and more patients"

    Not really.. they can go work in a private clinic, or they can work in another country (as you already pointed out). Thank goodness there's many doctors who don't particularly care about increasing their income - who got into the job because they can genuinely help fellow man and all that sort of altruistic stuff that we, as a society, are far too eager to write off and laugh at. These are doctors who will give treatment for free if needed (and sometimes if not*), instead of some doctors only giving free treatment while on a P.R. trip to a poor country (not dissing the gesture, just dissing the motives).

    And, let's be honest, they don't really -need- the higher income because they don't have to worry about multi-million dollar malpractice suits looming around every single corner and the insurance that goes with it.

    I'm not saying that 'socialized' healthcare is panacea.. far from it.. but that "happy medium where everyone wins" should not be led by the desire to make more money - focus instead on reducing or eliminating the negatives you mentioned.

    * I had a nasty bruised-looking toe - walked (well, semi-hopped) straight into the hospital (hadn't registered for a GP yet after moving), got to see a doc in 10 minutes who had an x-ray made 5 minutes later 'just to be safe', determined that it was indeed broken as he suspected, got me a splint, had a nurse put it on while he moved on to another patient, came back to do a quick check to make sure it was on right, and sent me on my way. That's it. Didn't send me past administration for my insurance info on my way out, and certainly not on my way in.. I was a guy with a nasty bruised-looking toe who needed to have a look at it done by a doc and that's all they cared about. Thanks, MCH. I know this is anecdotal, and I'm all too familiar with waiting lists as well, but it's not nearly as bad as some make it out to be. Being on a waiting list for an organ, however, does suck - but that seems to be the case regardless of medical system; short of countries where there's a lively 'grey'/black market in organs. Yikes.

  • by Bearpaw ( 13080 ) on Tuesday August 05, 2008 @04:32PM (#24486321)

    The US healthcare system, while not perfect, isn't the real problem. The real problem is the US health insurance system.

  • Comment removed (Score:3, Informative)

    by account_deleted ( 4530225 ) on Tuesday August 05, 2008 @04:35PM (#24486395)
    Comment removed based on user account deletion
  • by QuantumRiff ( 120817 ) on Tuesday August 05, 2008 @04:39PM (#24486461)

    No, in theory, you can choose to not sign it, and go somewhere else. (however, pretty much everywere requires it).

  • by thestuckmud ( 955767 ) on Tuesday August 05, 2008 @04:51PM (#24486689)
    Don't be a closed minded fool and rule out alternative therapies, like I did for too long.

    I developed debilitating (and somewhat unusual) asthma that went undiagnosed for too many years. I wound up taking drugs (two corticosteroids and a beta agonist) prescribed by a good pulmonologist. The drugs reduced my asthma to a mere annoyance. Believe me when I tell you that I don't miss the smell of blood when I cough. You might be tempted to call that treatment a success of modern medicine.

    Unfortunately, from my perspective it was a failure. The side effects I experienced included insomnia and anxiety severe enough to affect my life nearly as much as the asthma did. Think the afternoon after flunking a test you stayed up all night studying for. Well, not quite that bad, but you get the idea. Drugs to treat those conditions were either highly addictive and sedating or made matters worse (e.g. ambien resulted in nightmarish daytime anxiety).

    Eventually, I took the advice of a friend and saw a practitioner of traditional chinese medicine. Though skeptical, I figured I had nothing to lose and went in for treatment with an open mind. The guy prescribed medicinal tea (roots, bark, fruit, dried worms, insect shells, etc.) and performed acupuncture weekly. Three months later, I feel much, much better, having eliminated two of the drugs and greatly lowered the dose of the third. I sleep at night. I can breath. Life is good. This after years of trying to cope.

    Now I'll be the first in line to agree with you that personal testimonials are notoriously unreliable. And I don't recommend that anyone cite my story as proof positive of anything. But I'll tell you that I am personally convinced of two things: First, that the drug companies effectively mislead doctors and patients to underestimate side effects of their wares; and second, that something in this alternative therapy is working, and working dramatically well.

    If indeed my recovery is due to the placebo effect - which I strongly doubt because I have a far stronger belief in conventional medicine - it has been worth every penny.

    P.S. I still don't believe that sticking needles into my skin has anything to do with curing my asthma, but I put up with it rather than challenging either my beliefs or the chinese medical approach that seems to be working. For what its worth, my primary care physician (medical doctor) seems to beileve somewhat strongly in the effectiveness of acupuncture for some things.
  • HIPAA Violation (Score:2, Informative)

    by josmar52789 ( 1152461 ) on Tuesday August 05, 2008 @05:16PM (#24487139) Journal
    Any undisclosed third party use of your PHI (personal health information) is a direct violation of the HIPAA (Health Insurance Portability and Accountability Act)... If anyone finds out about the unapproved disclosure of your and anyone's PHI to a third party without your permission - immediately report this fraud to CMS (the Centers for Medicare and Medicaid Services) This is a serious violation for the health provider involved and can mean a fine of up to $25,000 PER VIOLATION! Your government makes all efforts to protect your PHI - just try becoming a HIPAA Compliant office :)
  • Re:Alarmism (Score:2, Informative)

    by armareum ( 925270 ) on Tuesday August 05, 2008 @05:28PM (#24487383)
    I work for a UK bank. All employees are required to demonstrate they are financially competent, due our access to information which could potentially be used for personal financial gain. I believe that once a year we are subject to a 'silent' credit check (which doesn't affect our score). If we've a bad score, say due to falling into a debt we can't manage, then we'd be invited to a meeting discussion with our managers. A colleague of mine had such a meeting after his credit score dropped when the water utility for a previous property he lived in tried to land him with a big bill and sent debt collectors round. The next resident of his previous property hadn't declared they'd moved in, and didn't pay for the 9 months or so he lived there.

    Anyway, my point was that as a worker in the financial industry, my credit score is relevant. Not the be all and end all, but relevant. Oh, and you don't necessarily have a bad credit score if you don't use credit. You just won't have a good one.
  • by Dr Caleb ( 121505 ) on Tuesday August 05, 2008 @05:28PM (#24487391) Homepage Journal

    "Since health care is public doctor's can only charge so much and thus the only way to increase their income is to get more and more patients so doctors are over-worked and the waiting rooms are always packed with huge waits. Plus more and more of our top doctors move to the US where they can earn more."

    I see you bought into the propaganda. The governments allocate a certain portion of the budget to GP expenses (ie: Doctors office visits). Which means, Doctors can only see so many patients before the budget is blown. Waiting room times have severely diminished thanks to Alberta led procedures. And because of caps, they can't hire more Doctors.

    The Provincial Governments don't increase this funding when population grows - hence they kept saying it was 'unsustainable' (and run Provincial surpluses cause they can't count!). And people bought the BS. Too bad Slashdot doesn't allow attachments, because the Conference Board of Canada has some eye opening reports that contradict your memes. And links are useless, as the CBoC is a for-pay site.

  • by OldManAndTheC++ ( 723450 ) on Tuesday August 05, 2008 @06:19PM (#24488041)

    The information does not come from doctors. From TFA:

    Ingenix and Milliman create the profiles by plumbing rich databases of prescription drug histories kept by pharmacy benefit managers (PBMs), which help insurers process drug claims.

    Wikipedia has more on PBMs [wikipedia.org]

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