Update from the Statehouse

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HB1003- Medical Records Privacy

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!

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SB96- Pharmacy Administered Vaccinations

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.

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