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Thank you for standing up for medical liberty and helping us spread the word. Together, we can make sure EVERY voice is heard!

In Liberty,
Ashley

We have been watching HB1003 and fighting to get protections for your health records in the bill.

Rep Brad Barrett made a small concession, but unfortunately, the current changes do NOT protect your medical records. [Read about how your health records are being sold to the tune of $17 million dollars a year...]

The bill will go to "Ways & Means" committee tomorrow for amendments and we have already emailed the committee and been working with Rep. Borders to strengthen the language...

We need your help.

I don't usually ask for emails because they are not as effective as calls. However, ways and means has a TON of members.  I am not going to ask you to make those calls.

If you can spare 5 minutes, please Call Rep Barrett 317-232-9695
and tell him "Amend HB1003 to Provide Hoosiers with TRUE medical record privacy. The current provisions are not enough."

Then email the members of the ways and means committee:

[email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected]

You can also send to Rep. Barrett [email protected]

Copy and paste the following or create your own message. Attachment for the letter below.

Subject: Amend 1003 in Ways & Means to protect Hoosiers Health Records!

Dear Representative,

I am writing to urgently address a concerning issue that has come to light regarding Health Information Exchanges (HIEs), specifically the Indiana Health Information Exchange (IHIE) and its practice of accessing and sharing personal health information (PHI) without patient consent.

This practice has led to several complaints from Hoosiers who feel their privacy has been violated, particularly regarding the sharing of medical records through HIEs.

The attached letter from the Indiana Department of Health (IDOH) outlines how Hooiser information can be shared through the Treatment exception in HIPAA (45 CFR 164.506), without requiring explicit consent from the patient.

As stated in the letter:
"Please note that individual patient health information (PHI) may be shared with the Department of Health without the consent of the patient through the Treatment exception in HIPAA, found at 45 CFR 164.506. This is a referral for treatment, the treatment is the vaccination, from one provider to another. The state Department of Health is a provider for purposes of vaccine administration."

This provision allows the IDOH to access and utilize individuals' health information for vaccine administration without the patients' knowledge or approval.

In this particular case, a constituent reached out to Hoosiers for Medical Liberty (H4ML) after discovering that her personal health information had been shared with the IDOH without her consent.
She was unaware of this transfer of her medical records and did not authorize or wish for the treatment (vaccination) to take place. She expressed feeling that her privacy had been violated, a sentiment shared by many Hoosiers who are unaware of the extensive reach of the health information exchange infrastructure.

Unauthorized referrals and release of information are unacceptable to Hoosiers and this letter has been seen as an underhanded and deceptive means to coerce patients into unwanted medical treatments.
Could a pharmaceutical company do the same if offering a “discount program”, “trial participation”, or another service? Could this be used to pray on vulnerable Hoosiers?

The implications of this practice are significant. By bypassing explicit consent for the sharing of sensitive health data, the current system undermines individual autonomy and medical privacy. Hoosiers must have the right to decide when and how their medical information is shared.

This practice also highlights the broader issue of the HIE system, where patient data can be accessed without patient authorization.

H4ML has received other complaints from Hoosiers about insurance companies knowing their distant medical history, which lead to discrimination. Others have reported seeking care out of state and medical records transfer without consent.

At this time Indiana’s HIE is run by a non-profit entity with no accountability to the individuals whose information they are obtaining. Hoosiers PHI is being shared across state lines. This creates a loophole for potential privacy violations, leaving personal medical information vulnerable to misuse. The Indiana Legislature must act NOW to protect Hoosiers medical privacy.

As such, I strongly urge you to amend HB 1003 to include a provision that requires:

1. Notification to all impacted by IHIE and the IDOH breech of medical Privacy.
2. Opt-in for all IHE, with explicit authorization prior to the release of PHI separate from HIPAA authorization.
3. Opt-out procedure for those who have already had info shared.
4. Transparency & accountability- Hoosiers must have access to their records, who has accessed them, and for what purpose.
5. Violation penalties in line with HIPAA.

This would help restore patient control over their own health data and close the current gap that allows for unauthorized sharing of sensitive medical information.

The current provisions are not enough.

I urge you to take action to protect the privacy of Hoosiers and correct course by developing a comprehensive amendment to HB 1003, rather than catering to vendors with a vested financial interest in obtaining Hoosier records. It is critical that we prioritize the protection of medical privacy in our state.
Thank you for your attention to this urgent matter. I look forward to your leadership in ensuring the privacy and autonomy of Hoosiers' medical information.

Sincerely,


 
P.S. For a background on the issue, 1/28/25- H4ML founder testified on the important issue in the insurance committee. [To watch my testimony, select insurance committee and the date then skip to 1hr 12 minutes]

Call Rep. Brad Barrett 317-232-9695

Tell him “Provide TRUE medical record privacy in HB1003. The amendment was not enough. Hoosiers are counting on you to do the right thing.”
 
**While calling Rep Barret, you can add a reminder to hear HB1426

"HB1426 must be heard, it is a commonsense bill that will give Hoosiers & their physicians the information they need to make informed decisions about liability free products!"

Read more: h4ml.org/liability

Bottom line: HIPAA DOES NOT PROTECT YOUR RECORDS. They are being shared with IHIE and that must cease and require consent for participation in ALL health information exchanges.

The "Hands Off My Health Record" contains the requirements for an acceptable amendment.

BACKGROUND:
This summer we sounded the alarm that YOUR ENTIRE MEDICAL RECORD was being shared with a non-profit the Indiana Health Information Exchange (IHIE) without your knowledge or consent.

Worse yet, IHIE is selling access to your records for $17 million each of the last two years...

For now, your info is *only* being shared with medical providers, insurance companies, self insured employers, the state government, and federal government.

Shockingly, this is all legal under HIPAA because federal law allows for "portability" of health records.

HIPAA is the minimum requirement for how your health information is shared, the STATE LEGISLATURE was to take more steps to protect their citizens privacy.

The Indiana Legislature has FAILED to do so.

HB1003 has a portion related to the County Health Department's use of this information and is the perfect opportunity for the legislature to remedy this MAJOR breach of privacy.

1/28/25- I testified to this important issue on your behalf. [To watch my testimony, select insurance committee and the date then skip to 1hr 12 minutes]

The committee recognized the importance and pledged to work on an amendment.

2/4/25- Rep Brad Barrett filed the amendment and I was present on your behalf. I had concerns that they were going to skimp out on protections for Hoosiers and fall inline with special interest groups.

My suspicions were confirmed upon seeing the amendment. There was no further testimony from citizens, however Rep. Bruce Borders was able to speak up for Hoosiers and address concerns with the amendment.

Rep. Barrett's response was essentially that "current vendor" emphasized how strong federal regulations were "in this space" and that he was unwilling to protect Hoosiers right to privacy. 

Rep. Barrett cites HIPAA protections, but remember, your information is currently being shared under HIPAA without your consent or knowledge.

It appears that Rep Barrett's loyalty does not lie with Hoosiers but with the special interest groups generating $17 million per year through the unauthorized sharing YOUR PERSONAL HEALTH RECORD.

Watch the exchange between Rep. Borders & Rep Barrett for yourself. [Select insurance committee and the date 2/4/25 then skip to 8 minutes]

Read more h4ml.org/handsoff.html and be sure to sign the petition!

Call the following Senators & tell them,

“Do not reduce the minimum age requirement of 11 for pharmacy vaccination in SB96. Patient-provider relationships are important, kids should not be farmed out to vaccine drive-thrus.”

Alting 317-232-9808
Becker 317-232-9494
Young 317-232-9517
Busch & K. Walker 317-232-9488
G. Walker 317-232-9489
Maxwell 317-232-9984
Dernulc 317-232-9414
Spencer & Jackson 317-232-9847
Niezgodski 317-232-9534

The fall of 2023 we sounded the alarm on "kids vax drive thrus" after a confidential informant notified us that retail pharmacies were being educated on completing childhood vaccine "catch-up" appointments.

Worst of all the Indiana Immunization Coalition was educating pharmacists:

“There are NO UPPER LIMITS on the number of vaccines that can be given at the same time. If a child is behind by 11, you give all 11.”

Much more info can be found on h4ml.org/kids-vax-drive-thru.html

Last year language did appear in SB192 that would not change the age limitation but did open up pharmacists ability to administer any CDC approved vaccination.

I had suspicion that the age restriction would be eliminated via an amendment.

Watch my testimony on your behalf on 1/24/24 in Senate Health & Providers Services Committee on SB192 (2024) Skip to 2 hrs 23 minutes. The screen will say SB 9, but that is incorrect, it was testimony for SB192.

This year the same language is back, with a different author and in a different committee.

Could they have made these changes in hopes that the language, and a potential amendment removing the age requirement would slip past us?

I don't believe that the State Department of Health or Indiana Immunization Coalition have given up on this issue. Evidence of my suspicion is written into HB 1571 that removes the age requirement of 11 for pharmacist administered vaccinations.

We must take action and protect Hoosier children from dangerous Vax Drive-Thrus!

SB120- DNA testing at time of arrest

This bill adds to current language that requires DNA collection at the time of arrest creating a misdemeanor for the refusal to submit to DNA testing.

I testified on your behalf yesterday voicing concerns over genetic privacy and a failure to provide due process.

DNA collection at the time of a felony arrest was instituted back in 2017, which is incredibly disturbing given the fact that the individual does not receive due process and has not been convicted of a crime.

I would love to think that our law enforcement is free of corruption and flaws, but we know that is not the case. I see many ways that the collection of DNA could go wrong.

Further, those not convicted of a crime must have the knowledge and actively seek to have their DNA removed from the database.

DNA cataloging of CONVICTED violent or sexual offenders may be prudent and help catch serial offenders, however due process must be provided. It is constitutional.

See my testimony on your behalf: Select the date 2/4/25, Senate Corrections & Criminal Law Committee and skip to 6 minutes 43 seconds.

H4ML needs YOU to make this happen.

1. Make your best donation. To guide your giving, think about what you might spend on eating out each month—and invest that into medical liberty. Every dollar counts, whether it is $5,000 or $5!
   
2. Join our fundraising team. Be a guest fundraiser and help expand our reach. You will be able to customize your own donation page and link. Best of all, you don’t have to touch a single dollar or handle any transactions! Simply share your link via text or on Facebook, X, or Instagram—every post helps spread the word.
   

Together, we’ve achieved so much. Now, let’s ensure medical liberty’s future in Indiana.