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post #171 of 182 (permalink) Old 09-06-2006, 09:37 AM
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Originally Posted by mcbear
That response makes no sense. The government would not change in Huntsville or Gainesville, that would be perceived prejudices of the natives of those areas and my bet is they were just as friendly as if you were blond haired and blue eyed. The South has taken a rap for prejudice that is overblown for the last 30 or so years. It still exists, but not nearly as much.

First you say you “my government has given me no reason to be afraid” then say “somewhat wary of the IRS”.

Let me give you an example of why you should worry about unfettered management of datamining by the government and why the ACLU is protecting YOUR rights as well as everyone else’s.

You have a situation at home where you and your Doctor decide you need to take Xanax for a period of time to help maintain balance in your life. No problem. It is between you and your doctor and your prescription management company. In two years you stop taking the medication.

Five years from now during a normal job screening process that requires security clearance [don’t they all now] a flag comes up that you had psychological problems seven years ago. This would not have flagged except that you paid for your medication with credit card AND your prescription management company participates in the HLS program that screens for drug sales of meth lab ingredients. The word Xanax tripped the search.

Guess who did not get the $92,000 government job.

If you think that is an off the wall, totally silly example of what could “maybe” happen in the future, that is a suit that the ACLU filed about three months ago based purely on datamining.
Can you provide a link for that suit?
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post #172 of 182 (permalink) Old 09-06-2006, 10:37 AM
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Quote:
Originally Posted by mcbear
That response makes no sense. The government would not change in Huntsville or Gainesville, that would be perceived prejudices of the natives of those areas and my bet is they were just as friendly as if you were blond haired and blue eyed. The South has taken a rap for prejudice that is overblown for the last 30 or so years. It still exists, but not nearly as much.

First you say you “my government has given me no reason to be afraid” then say “somewhat wary of the IRS”.

Let me give you an example of why you should worry about unfettered management of datamining by the government and why the ACLU is protecting YOUR rights as well as everyone else’s.

You have a situation at home where you and your Doctor decide you need to take Xanax for a period of time to help maintain balance in your life. No problem. It is between you and your doctor and your prescription management company. In two years you stop taking the medication.

Five years from now during a normal job screening process that requires security clearance [don’t they all now] a flag comes up that you had psychological problems seven years ago. This would not have flagged except that you paid for your medication with credit card AND your prescription management company participates in the HLS program that screens for drug sales of meth lab ingredients. The word Xanax tripped the search.

Guess who did not get the $92,000 government job.

If you think that is an off the wall, totally silly example of what could “maybe” happen in the future, that is a suit that the ACLU filed about three months ago based purely on datamining.
You mentioned, in an earlier post, Jim Crow's laws and the need for the ACLU to do its thing. I never felt threatened by JC's laws while in the South.

But perhaps it was all due to that unfailing Southern hospitality that has people smiling at you while laughing at you behind your back. Perhaps that was it.

The IRS has far more powers than people imagine and they make mistakes as I can attest to. Hence my bigger concern is with the IRS's unrestrained powers and with the fact that you can't move a dollar from one account to the other w/o them knowing. In the situations that I am personally aware of, the IRS quickly moved to fix their errors and everything was A-OK at the end--but not w/o some worrisome moments in-between.

If, on the other hand, if that prevents terrorists from raising money to pay for flight school lessons, well then so be it.

I think that in your hypothetical situation the ADA and other federal anti-discrimination laws would kick in.

On the othe rhand, if the person was applying for a position as, let's say, an airline pilot (or a school bus driver) I would certainly want to know a little more about his psycholgical background.

I think most people would.

I think that HIPAA would prevent the wholsesale dissemination of a person's medical records, including drug purchases.

I agree that given our current potential for massive information gathering, on a scale never seen before, there is always the risk for that information to fall into the wrong hands. If it does, we can get screwed. Personally, I am not so worried about the government misusing the information. I am really worried, however, about banks, credit card companies and insurance companies using (and misusing) the information.

I will, for example, never join a supermarket "club." I don't want the local supermarket to be able to track what I buy. Not that I have anyting to hide, it is just that it is no one's business what I buy. And, as much as possible, I use cash.

Again, it is not the government that worries me it is the private entities that really concern me.

Perhaps we should try to put the genie back into the bottle and destroy all modern info-gathering technology.
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post #173 of 182 (permalink) Old 09-06-2006, 10:43 AM
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Originally Posted by RFC
Can you provide a link for that suit?
Under HIPPA your medical record can be turned over to the government without a warrant by a simple assertion of the latter that you are a suspect of some kind. In addition the USA PATRIOT ACT allows the FBI to peek at your medical records using the Foreign Intelligence Surveillance Act. The question now is it constitutional for the gov. to access your records without an explicit warrant? That's when you need an organization to spearhead the fight for you. Let me guess, let's give that job to the NSA or the Justice dept.
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post #174 of 182 (permalink) Old 09-06-2006, 10:50 AM
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Is that what happened to Rush's medical records? Did the ACLU speak on his behalf?
post #175 of 182 (permalink) Old 09-06-2006, 10:53 AM
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Originally Posted by RFC
Is that what happened to Rush's medical records? Did the ACLU speak on his behalf?
Poor Rush, I am a big fan of his and we should have kept him on his special meds so we can get a better view of this world we live in. Kidding aside, how did his "medical" condition become public?
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post #176 of 182 (permalink) Old 09-06-2006, 10:55 AM
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Originally Posted by Professor
Under HIPPA your medical record can be turned over to the government without a warrant by a simple assertion of the latter that you are a suspect of some kind. In addition the USA PATRIOT ACT allows the FBI to peek at your medical records using the Foreign Intelligence Surveillance Act. The question now is it constitutional for the gov. to access your records without an explicit warrant? That's when you need an organization to spearhead the fight for you. Let me guess, let's give that job to the NSA or the Justice dept.
Incidentally, it is called HIPAA, not HIPPA.

Below is a summary of HIPAA regulations regarding the dissemination of private patient information to law enforcement.

It is always best to have the facts than mere supposition and innuendo, agreed prof?

The Privacy Rule is balanced to protect an individual’s privacy while allowing important law enforcement functions to continue. The Rule permits covered entities to disclose protected health information (PHI) to law enforcement officials, without the individual’s written authorization, under specific circumstances summarized below. For a complete understanding of the conditions and requirements for these disclosures, please review the exact regulatory text at the citations provided. Disclosures for law enforcement purposes are permitted as follows:

  • To comply with a court order or court-ordered warrant, a subpoena or summons issued by a judicial officer, or a grand jury subpoena. The Rule recognizes that the legal process in obtaining a court order and the secrecy of the grand jury process provides protections for the individual’s private information (45 CFR 164.512(f)(1)(ii)(A)-(B)).
  • To respond to an administrative request, such as an administrative subpoena or investigative demand or other written request from a law enforcement official. Because an administrative request may be made without judicial involvement, the Rule requires all administrative requests to include or be accompanied by a written statement that the information requested is relevant and material, specific and limited in scope, and de-identified information cannot be used (45 CFR 164.512(f)(1)(ii)(C)).
  • To respond to a request for PHI for purposes of identifying or locating a suspect, fugitive, material witness or missing person; but the covered entity must limit disclosures of PHI to name and address, date and place of birth, social security number, ABO blood type and rh factor, type of injury, date and time of treatment, date and time of death, and a description of distinguishing physical characteristics. Other information related to the individual’s DNA, dental records, body fluid or tissue typing, samples, or analysis cannot be disclosed under this provision, but may be disclosed in response to a court order, warrant, or written administrative request (45 CFR 164.512(f)(2)).
    This same limited information may be reported to law enforcement:
    • About a suspected perpetrator of a crime when the report is made by the victim who is a member of the covered entity’s workforce (45 CFR 164.502(j)(2));
    • To identify or apprehend an individual who has admitted participation in a violent crime that the covered entity reasonably believes may have caused serious physical harm to a victim, provided that the admission was not made in the course of or based on the individual’s request for therapy, counseling, or treatment related to the propensity to commit this type of violent act (45 CFR 164.512(j)(1)(ii)(A), (j)(2)-(3)).
  • To respond to a request for PHI about a victim of a crime, and the victim agrees. If, because of an emergency or the person’s incapacity, the individual cannot agree, the covered entity may disclose the PHI if law enforcement officials represent that the PHI is not intended to be used against the victim, is needed to determine whether another person broke the law, the investigation would be materially and adversely affected by waiting until the victim could agree, and the covered entity believes in its professional judgment that doing so is in the best interests of the individual whose information is requested (45 CFR 164.512(f)(3)).
    Where child abuse victims or adult victims of abuse, neglect or domestic violence are concerned, other provisions of the Rule apply:
    • Child abuse or neglect may be reported to any law enforcement official authorized by law to receive such reports and the agreement of the individual is not required (45 CFR 164.512(b)(1)(ii)).
    • Adult abuse, neglect, or domestic violence may be reported to a law enforcement official authorized by law to receive such reports (45 CFR 164.512(c)):
      • If the individual agrees;
      • If the report is required by law; or
      • If expressly authorized by law, and based on the exercise of professional judgment, the report is necessary to prevent serious harm to the individual or others, or in certain other emergency situations (see 45 CFR 164.512(c)(1)(iii)(B)).
      • Notice to the individual of the report may be required (see 45 CFR 164.512(c)(2)).
  • To report PHI to law enforcement when required by law to do so (45 CFR 164.512(f)(1)(i)). For example, state laws commonly require health care providers to report incidents of gunshot or stab wounds, or other violent injuries; and the Rule permits disclosures of PHI as necessary to comply with these laws.
  • To alert law enforcement to the death of the individual, when there is a suspicion that death resulted from criminal conduct (45 CFR 164.512(f)(4)).
    • Information about a decedent may also be shared with medical examiners or coroners to assist them in identifying the decedent, determining the cause of death, or to carry out their other authorized duties (45 CFR 164.512(g)(1)).
  • To report PHI that the covered entity in good faith believes to be evidence of a crime that occurred on the covered entity’s premises (45 CFR 164.512(f)(5)).
  • When responding to an off-site medical emergency, as necessary to alert law enforcement about criminal activity, specifically, the commission and nature of the crime, the location of the crime or any victims, and the identity, description, and location of the perpetrator of the crime (45 CFR 164.512(f)(6)). This provision does not apply if the covered health care provider believes that the individual in need of the emergency medical care is the victim of abuse, neglect or domestic violence; see above Adult abuse, neglect, or domestic violence for when reports to law enforcement are allowed under 45 CFR 164.512(c).
  • When consistent with applicable law and ethical standards:
    • To a law enforcement official reasonably able to prevent or lessen a serious and imminent threat to the health or safety of an individual or the public (45 CFR 164.512(j)(1)(i)); or
    • To identify or apprehend an individual who appears to have escaped from lawful custody (45 CFR 164.512(j)(1)(ii)(B)).
  • For certain other specialized governmental law enforcement purposes, such as:
    • To federal officials authorized to conduct intelligence, counter-intelligence, and other national security activities under the National Security Act (45 CFR 164.512(k)(2)) or to provide protective services to the President and others and conduct related investigations (45 CFR 164.512(k)(3));
    • To respond to a request for PHI by a correctional institution or a law enforcement official having lawful custody of an inmate or others if they represent such PHI is needed to provide health care to the individual; for the health and safety of the individual, other inmates, officers or employees of or others at a correctional institution or responsible for the transporting or transferring inmates; or for the administration and maintenance of the safety, security, and good order of the correctional facility, including law enforcement on the premises of the facility (45 CFR 164.512(k)(5)).
Except when required by law, the disclosures to law enforcement summarized above are subject to a minimum necessary determination by the covered entity (45 CFR 164.502(b), 164.514(d)). When reasonable to do so, the covered entity may rely upon the representations of the law enforcement official (as a public officer) as to what information is the minimum necessary for their lawful purpose (45 CFR 164.514(d)(3)(iii)(A)). Moreover, if the law enforcement official making the request for information is not known to the covered entity, the covered entity must verify the identity and authority of such person prior to disclosing the information (45 CFR 164.514(h)).

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post #177 of 182 (permalink) Old 09-06-2006, 12:45 PM
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Remember it is the same media that was part of the Right Wing Conspiricy that Billary complained about for eight years.

The Press are an equal opportunity interrogator. It is their job to poke and prod and find the weak spots because you and I don't have the access to do it. Otherwise, we would never know about Wiretaps and Whitewater and Carnavore and Travelgate and Agnew and Berger and Coke and Monica and Plame and Watergate.
Left wing media bias has always been present, but has intensified since Bush took office. It is clearly left (far left) by all measures and I find it hard to believe the you are going to pretend it is otherwise. Billary was specifically talking about conservative organizations: The media just reported what was said on a nationally televised program. There were no Dan Rather-type presidential assassination attempts back in the day. The media now plays everything to the left--way left in many cases. The media is NOT an equal opportunity destroyer. It works overtime to bring down those on the right. Here are just a few non-specific cites:

http://www.newsroom.ucla.edu/page.asp?RelNum=6664
http://www.newsmax.com/archives/arti...3/215106.shtml
http://www.fairpress.org/identify.htm
http://www.mediaresearch.org/
http://www.aim.org/media_monitor/A3336_0_2_0_C/
http://www.geocities.com/CapitolHill...sHomepage.html
http://interactive.zogby.com/fuse/me...&threadid=3904
http://atlasshrugs2000.typepad.com/a...ias/index.html
http://www.watchblog.com/republicans...es/003900.html
http://www.google.com/Top/Society/Is...s_and_Balance/

Don't believe everything you think
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post #178 of 182 (permalink) Old 09-06-2006, 12:51 PM
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Do you ever wonder why?

"If spending money you don't have is the height of stupidity, borrowing money to give it away is the height of insanity." -- anon
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post #179 of 182 (permalink) Old 09-06-2006, 12:54 PM
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Do you ever wonder why?
Now you are just being silly. ;-)
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post #180 of 182 (permalink) Old 09-06-2006, 01:02 PM
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Originally Posted by GermanStar
Do you ever wonder why?
No: I know how they are trained in our so called schools of journalism in our so called institutions of "higher education." It is a real shocker when one of them can graduate w/ an honest or non-biased (fair & balanced) view of the world. A real shocker!

Don't believe everything you think

Last edited by Jayhawk; 09-06-2006 at 01:07 PM.
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