HHS Strengthens Health Information Privacy & Security, is it Enough?

August 25, 2010

The National Health and Human Services department has announced new rules intended to strengthen the privacy of your health information. The goal of these new rules is to ensure that as use of health information technology expands, Americans can trust that their health information is protected and secure. The new rules include broader individual rights and stronger protections when third parties handle individually identifiable health information.

The proposed rule aims to strengthen and expand enforcement of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy, Security, and Enforcement Rules by:

  • expanding individuals’ rights to access their information and to restrict certain types of disclosures of protected health information to health plans.
  • requiring business associates of HIPAA-covered entities to be under most of the same rules as the covered entities;
  • setting new limitations on the use and disclosure of protected health information for marketing and fundraising; and
  • prohibiting the sale of protected health information without patient authorization.

The department also launched a new health privacy website at http://www.hhs.gov/healthprivacy/index.html to provide consumers easy access to information about HHS’s privacy policies.

“To improve the health of individuals and communities, health information must be available to those making critical decisions, including individuals and their caregivers,” said HHS Secretary Kathleen Sebelius. “While health information technology will help America move its health care system forward, the privacy and security of personal health data is at the core of all our work.”

“HHS strongly believes that an individual’s personal information is to be kept private and confidential and used appropriately by the right people, for the right reasons,” said of HHS Chief Privacy Officer Joy Pritts.  “Without such assurances, an individual may be hesitant to share relevant health information.”

Are these steps enough to protect your medical identity?

While these steps are important measures for those legally accessing records, it does nothing to ensure that the access to these records through doctors offices across the country are appropriately secured. Where are the security requirements for every single computer and user accessing this information?

I believe that online records can improve medical treatment, the risks outweigh the benefits until  our records are secure. When we know our privacy is ensured. When we know that some malicious entity hasn’t written a virus changing our medical histories, when we know we can correct mistakes that appear in the online records.

These new rules do nothing to strengthen our protections against these risks.

To learn more about the risks of online medical records, see these blogs:

Linda


$100 Billion-A-Year Medical Care Fraud

January 17, 2010

Healthcare fraud is big business. Last year scammers and organized crime groups bilked an estimated $100 billion last year according to a new article Health care: A ‘goldmine’ for fraudsters from CNNMoney.com.

Medical Identity theft is the most lucrative aspect of the medical fraud business, and the most common method of gaining access to personal medical records is when someone with legitimate access to the data sells the information to criminals. But that’s changing.

According to the CNN article “Increasingly, criminal groups are hacking into digital medical records so that they can steal money from the $450 billion, 44-million-beneficiary Medicare system — making the government, by far, the “single biggest victim” of health care fraud, according to Rob Montemorra, chief of the FBI’s Health Care Fraud Unit.”

To learn more about the risks you face when your medical records go online, see my blogs:

While the government is the “single biggest victim”, every individual whose records are stolen will feel the pain.

The most common way scammers and criminals make their money is by sending in false bills to insurance companies and Medicare for medicines, equipment, in-home health care, or treatments that were not prescribed or requested.  Criminals also ‘resell’ an individual’s medical records to an uninsured person in need of medical care.

While the aim of the criminals behind medical ID theft and fraud is to steal money, the tampering with your medical information can place you at serious risk if doctors base medical decisions about your care on the falsified information in your file.

The government isn’t the only one footing the bill. In addition to the indirect costs to the government and insurance companies that every consumer pays for medical fraud, the average cost to an individual victim of medical ID theft was close to $1,200 according to Javelin Strategy & Research, a research firm specializing in trends in security and fraud initiatives. Javelin’s research also found that in 2008 the average incident of health care identity fraud netted the criminal $19,000, which is four times the earnings of overall ID theft.

In addition to the risk to your medical records, these thieves also gain access to the information that accompanies your records – including your name, address, phone number, social security number, insurance company, and more – placing you at high risk for traditional ID theft as well.

Stay vigilant

Always check your insurance benefits statements to see if there are charges or claims that are not yours. Notify your insurance company if your financial ID has been stolen, and notify your financial institutions if your medical ID has been stolen.

Linda


Online Medical Fraud: New Tools for Old Scams

August 15, 2009

One of the most loathsome forms of online fraud is perpetrated against people struggling with serious illnesses who are eager for a cure from any quarter, no matter how unlikely. Rob’s efforts to combat elder fraud and broader Internet crimes unite in the  online fraud and the exploitation of seniors.

Internet health fraud is a growing problem. The FDA describes health fraud as offering “articles of unproven effectiveness that are promoted to improve health, well being, or appearance.”

Scammer’s products run the gamut – from miracle drugs to medical devices, foods, even cosmetics. Whether offered in the form of a fruit juice, a vitamin pill, salve, or inhalant, the companies that offer these products provide jargon and hype with amazing claims of success to particularly vulnerable people.

Martin Katz, an FDA compliance officer, said, “Most people who are taken in by health fraud will grasp at anything. They’re not going to do the research. They’re looking for a miracle.”

Health Fraud Goes Online

Health fraud has flourished for thousands of years – ever since the first peddler figured out he could make money offering a miracle elixir from the back of his cart. The Internet simply provides a new distribution method that offers a huge audience for these snake oil cures.

Gary Coody, national health fraud coordinator at the FDA, has outlined the challenge and one step to overcoming it. “Because of the sheer volume of fraudulent health products and their accessibility from foreign locations, the FDA has forged partnerships with many federal, state, and international enforcement agencies.”

Simple online searches reveal that the many victims of health fraud suffer from a variety of illnesses and conditions, including:

healthfraud1

People with these and other conditions should be aware of several problems with online drugs and ‘cures’.

  1. These products may be contaminated, diluted, ineffective, out of date, or have harmful side effects. Any product, synthetic or natural, potent enough to work like a drug is going to be potent enough to cause side effects, and any treatments you use without a prescription can have adverse reactions with medications you’re already taking.
  2. Beyond these direct risks of damage from the spurious cures, there is an indirect risk: taking these instead of proven treatments could mean that patients get sicker and in extreme cases, die.
  3. The goal of these scams is to steal money by selling hope. At best, patients are purchasing placebos where only their pockets incur damage – some end up throwing their life’s savings, even incurring debt in their pursuit of health. Many are paying for products that abbreviate rather than prolong their lives.

How rampant is health fraud online? Consider the results for some health cures that I received on a Google search recently:

  • 44,800 results for “black salve” a cancer treatment which claims to draw cancer out through the skin but in reality burns healthy skin tissue and causes severe scarring.
  • 11,100 for Hoxsey cancer treatment, an unproven herbal remedy that the FDA has tried to get rid of since the 1950s.
  • 3,150,000 results for diabetes cures (diabetes can’t be cured, just managed).
  • Weight loss gets a whopping 70,300,000 results. Weight loss pills alone commands 2,120,000 links. There just isn’t a guaranteed weight loss supplement that the 6 o’clock news and your doctor missed, though there are several that can cause serious harm.

Though some search results on health cures lead to scholarly articles, a great many more lead to fraudulent sites. Online it is easy to pose as a medical practitioner and make wild claims that link to a variety of ‘supporting medical studies’.

Learn the Warning Signs

Health fraud con artists use the same tactics and phrases repeatedly. Learning to spot them can help you avoid scam sites and offers.

Health fraud red flags, according to the FTC, include:

  • Web sites that offer quick and dramatic cures for a variety of ailments. “Beneficial in treating cancer, ulcer, prostate problems, heart trouble, and more…”
  • Statements that suggest the product can treat or cure diseases. “Shrinks tumors, cures impotency…”
  • Promotions that use words like “scientific breakthrough,” “miraculous cure,” “secret ingredient,” and “ancient remedy.”
  • Text that uses impressive-sounding terms like: “hunger stimulation point” and “thermogenesis” for a weight loss product. These terms are sometimes plucked out of scientific journals, but they may have nothing to do with the disease or condition you have – let alone legitimize the ‘cure’ you’re being peddled
  • Undocumented case histories or personal testimonials by consumers or doctors claiming amazing results. “After eating a teaspoon of this product each day, my pain is completely gone…” Most are made up, and others are hearsay. Some patients’ recoveries may be due to a remission of the disease from previous or concurrent treatments.
  • Limited availability and advance payment requirements. “Hurry! This offer will not last.”
  • Promises of no-risk money-back guarantees. “If after 30 days you have not lost at least four pounds each week, your uncashed check will be returned to you.”
  • Promises of an “easy” fix.  For many serious diseases there are no cures, only therapies to help manage them.
  • Paranoid accusations—suggesting that health-care providers and legitimate manufacturers are in league with each other to suppress this miracle cure.

Look closely at the vocabulary used by these Web sites:

  • The words “in days” can mean any amount of time.
  • The term “rapid” is ambiguous.
  • Don’t be fooled by the term “natural”—it doesn’t equate to safe. Many natural ingredients are extremely lethal –cyanide for example is found in many common plants. Conversely, 60 percent of over the counter drugs and 25 percent of prescription drugs are based on natural ingredients, alternative cures have no exclusivity on the use of natural ingredients.

Beware of products offered as a FREE TRIAL! – You pay only shipping and handling”.

  • In these cases, the charges levied for shipping and handling are the way they make their money. Think about it, if the ‘pills’ cost them $.45, and the mailing costs $2.00, but they charge $19.95 in shipping and handling, they still earn $17.50 cents from every customer.  If they can scam ten thousand consumers they’ve earned $175,000 dollars.

Resisting the Hype

Products that cure serious diseases, are widely reported in the media, not discovered on obscure Web sites. No matter how desperate you are for a cure, it doesn’t make sense to believe someone who claims to be the exclusive supplier of a miracle cure.

If you are older, you are at unique risk and so should be especially vigilant. Senior citizens are often targeted by sales pitches that play to emotions—“look younger,” “lose weight overnight,” or “cure cancer”.

To check out a health product you encounter online, the FDA suggests that you:

  • Check the source. Make sure the company is based in your country by calling it’s phone number and verifying it’s address. If you are a United States citizen, for example, you can file complaints against US companies but you are out of luck if you don’t get what was promised from a foreign-based company.
  • Talk to a doctor or other health professional who you trust, and then follow that advice.
  • Be mistrustful of treatments offered by people who tell you to avoid talking to others because “it’s a secret treatment or cure.”
  • Check with the Better Business Bureau or your attorney general’s office for complaints.
  • Check with a relevant professional medical group such as the American Heart Association or National Arthritis Foundation.
  • Contact your local FDA office (find the number in the blue pages of your phone book, or go to http://www.fda.gov/default.htm) to find out if they’ve taken any action against the product or its marketer.
  • Report fraud to the service provider where the ad was posted, to the Better Business Bureau, and to the FDA

 

Additional Resources:


Who are you going to trust: Your doctor or the Web?

February 25, 2009

Getting the best information about your health and the health of your family members and pets is important. So where do you ask for advice?

Sixty percent of consumers now turn to the Internet for medical advice online according to research conducted by the Opinion Research Corporation in the fall of 2007. What is astonishing is that 54 percent follow online advice even when they didn’t believe it!

There are very reputable medical Web sites that provide a wealth of information about a broad spectrum of medical conditions. And there are plenty of quack sites that dispense entirely spurious medical “advice.” So how can you tell the difference?

For people

  • Ask your doctor if he or she recommends the Web site.
  • Look for the Health on the Net (HON) seal of approval which is only given to sites that have been accredited against a strict set of principles. If you don’t see this seal on the site, you can search for it.
  • Ask your vet if he or she recommends the Web site.
  • There is no HON equivalent for pet care sites, so ask the following questions:
  • Who created the Web site? Are they credentialed experts?
  • Do they keep the site current?
  • Does the site contain information relevant for pets in your area? (Some parasites, for example, are more of an issue in some areas than others.)

For pets

Your health and the health of those you love is not something to take chances on. Though qualified medical Web sites provide a wealth of information that can help you understand symptoms and illnesses, no Web site will provide you with better  or more reliable information than a well trained medical specialist who knows you, your family members, or your pet. Before treating yourself based on information you find online, always consult with your own medical advisor.

Linda


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