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Invasion of Privacy By Kip Sullivan The congressional debate over health care and privacy has dragged on for five years now, but neither Republicans nor Democrats have addressed the main threat to patient privacy: the HMO habit of commandeering medical records. Democrats argue with Republicans about whether state privacy laws should be superseded by federal law, and whether doctors and HMOs should have to notify patients about their privacy policies. But neither party is posing the most fundamental question: Should HMO employees be allowed to read medical records in the first place? The reason for the deafening silence on this issue is obvious: Challenging the HMO practice of pawing through patient files is tantamount to challenging the entire concept of an HMO. Unlike traditional insurance companies, HMOs attempt to save money by influencing and vetoing physician-patient decisions. HMOs, in short, practice medicine. To practice medicine, one must have access to patient files. Putting an end to the HMO practice of seizing patient files without patient consent would almost certainly put an end to HMOs. And no one in Washington has the good sense or courage to do that.
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