Wednesday, September 2, 2009

The "Chipping" Subtitle of HR 3200... Health Care Reform, Without Privacy!!

Would I really be doing my job here if I let this go uninterpreted?  This is one of the most dangerous sections of a bill to civil liberties that I've ever read. 

Subtitle C—National Medical

10 Device Registry

11 SEC. 2521. NATIONAL MEDICAL DEVICE REGISTRY.

(And we need a medical device registry because??)

12 (a) REGISTRY.—

13 (1) IN GENERAL.—Section 519 of the Federal

14 Food, Drug, and Cosmetic Act (21 U.S.C. 360i) is

15 amended—

16 (A) by redesignating subsection (g) as sub17

section (h); and

18 (B) by inserting after subsection (f) the

19 following:

20 ‘‘National Medical Device Registry

21 ‘‘(g)(1) The Secretary shall establish a national med22

ical device registry (in this subsection referred to as the

23 ‘registry’) to facilitate analysis of postmarket safety and

24 outcomes data on each device that—

25 ‘‘(A) is or has been used in or on a patient; and (now let me get this straight ... this comes in under the guise of safety and good outcomes... the State needs to "protect" us.)

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1 ‘‘(B) is—

2 ‘‘(i) a class III device; or

3 ‘‘(ii) a class II device that is implantable, (like the Mark er I mean Chip of the Beast?)

4 life-supporting, or life-sustaining.  (Naturally we have to have this because it saves lives.)

5 ‘‘(2) In developing the registry, the Secretary shall,

6 in consultation with the Commissioner of Food and Drugs,

7 the Administrator of the Centers for Medicare & Medicaid

8 Services, the head of the Office of the National Coordi9

nator for Health Information Technology, and the Sec10

retary of Veterans Affairs, determine the best methods (make sure we have as many bureaucrats on board as we can possibly use!)

11 for—

12 ‘‘(A) including in the registry, in a manner con13

sistent with subsection (f), appropriate information

14 to identify each device described in paragraph (1) by

15 type, model, and serial number or other unique iden16 (Don't let any of them get away!!  Your pacemaker will be government property or else!!)

tifier;

17 ‘‘(B) validating methods for analyzing patient

18 safety and outcomes data from multiple sources and

19 for linking such data with the information included

20 in the registry as described in subparagraph (A), in21

cluding, to the extent feasible, use of—

22 ‘‘(i) data provided to the Secretary under

23 other provisions of this chapter; and

24 ‘‘(ii) information from public and private (private??  Not any more, baby, it's ALL public now!!)

25 sources identified under paragraph (3);

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1 ‘‘(C) integrating the activities described in this

2 subsection with—

3 ‘‘(i) activities under paragraph (3) of sec4

tion 505(k) (relating to active postmarket risk

5 identification);

6 ‘‘(ii) activities under paragraph (4) of sec7

tion 505(k) (relating to advanced analysis of

8 drug safety data); and (drug safety data... hmm, they want to make sure you're getting enough thorazine to tolerate tyranny!!)

9 ‘‘(iii) other postmarket device surveillance

10 activities of the Secretary authorized by this

11 chapter; and

12 ‘‘(D) providing public access to the data and (because everybody has the right to know... especially the government, which is who they really mean by the public.)

13 analysis collected or developed through the registry

14 in a manner and form that protects patient privacy (Yeah, right.  If that was a priority this wouldn't even be in the bill!)

15 and proprietary information and is comprehensive,

16 useful, and not misleading to patients, physicians, (Don't even think about lying to us!  You're all suspects now!!)

17 and scientists.

18 ‘‘(3)(A) To facilitate analyses of postmarket safety

19 and patient outcomes for devices described in paragraph

20 (1), the Secretary shall, in collaboration with public, aca21

demic, and private entities, develop methods to— (Ve haff vays of making your chips talk!!)

22 ‘‘(i) obtain access to disparate sources of

23 patient safety and outcomes data, including—

24 ‘‘(I) Federal health-related electronic (Files they collect and keep on you... to watch you.)

25 data (such as data from the Medicare pro-

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1 gram under title XVIII of the Social Secu2

rity Act or from the health systems of the

3 Department of Veterans Affairs);

4 ‘‘(II) private sector health-related

5 electronic data (such as pharmaceutical

6 purchase data and health insurance claims (Are you sorry you joined that HMO yet?  You will be.)

7 data); and

8 ‘‘(III) other data as the Secretary

9 deems necessary to permit postmarket as10

sessment of device safety and effectiveness;

11 and

12 ‘‘(ii) link data obtained under clause (i)

13 with information in the registry.

14 ‘‘(B) In this paragraph, the term ‘data’ refers to in15

formation respecting a device described in paragraph (1),

16 including claims data, patient survey data, standardized

17 analytic files that allow for the pooling and analysis of

18 data from disparate data environments, electronic health (because we're all the government's little experiment in social engineering)

19 records, and any other data deemed appropriate by the

20 Secretary.  (Never mind what the Constitution says about search and seizure, the Secretary says he must have this data!)

21 ‘‘(4) Not later than 36 months after the date of the

22 enactment of this subsection, (by the fateful year of 2012, apparently) the Secretary shall promul23

gate regulations for establishment and operation of the

24 registry under paragraph (1). Such regulations—

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1 ‘‘(A)(i) in the case of devices that are described

2 in paragraph (1) and sold on or after the date of the

3 enactment of this subsection, shall require manufac4

turers of such devices to submit information to the

5 registry, including, for each such device, the type,

6 model, and serial number or, if required under sub7

section (f), other unique device identifier; and

8 ‘‘(ii) in the case of devices that are described in

9 paragraph (1) and sold before such date, may re10

quire manufacturers of such devices to submit such

11 information to the registry, if deemed necessary by (Oh, he'll deem it necessary if he has to manufacture a crisis to justify it!)

12 the Secretary to protect the public health; (Because Big Brother cares about you!)

13 ‘‘(B) shall establish procedures—

14 ‘‘(i) to permit linkage of information sub15

mitted pursuant to subparagraph (A) with pa16

tient safety and outcomes data obtained under

17 paragraph (3); and

18 ‘‘(ii) to permit analyses of linked data;

19 ‘‘(C) may require device manufacturers to sub20 ("Require."  Doesn't sound optional, does it.)

mit such other information as is necessary to facili21 ("Other such information," like anything the government wants to know about your internal goings on ... and maybe also your personal identifying information "if deemed necessary.")

tate postmarket assessments of device safety and ef22

fectiveness and notification of device risks;

23 ‘‘(D) shall establish requirements for regular 

24 and timely reports to the Secretary, which shall be (Keeps Big Brother's machine running)

25 included in the registry, concerning adverse event

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1 trends, adverse event patterns, incidence and preva2

lence of adverse events, and other information the (More and more information is deemed appropriate, isn't it.)

3 Secretary determines appropriate, which may include

4 data on comparative safety and outcomes trends;

5 and

6 ‘‘(E) shall establish procedures to permit public

7 access to the information in the registry in a manner

8 and form that protects patient privacy and propri9 (the joke's on us with that one.)

etary information and is comprehensive, useful, and

10 not misleading to patients, physicians, and sci11

entists. (Because it's not pastors who know what's good for us, it's amoral atheistic scientists in the same profession as the people who conducted the Tuskegee experiment.)

12 ‘‘(5) To carry out this subsection, there are author13

ized to be appropriated such sums as may be necessary

14 for fiscal years 2010 and 2011.’’.  (See my blog about the Rapture in 2011.)

15 (2) EFFECTIVE DATE.—The Secretary of

16 Health and Human Services shall establish and

17 begin implementation of the registry under section

18 519(g) of the Federal Food, Drug, and Cosmetic

19 Act, as added by paragraph (1), by not later than

20 the date that is 36 months after the date of the en21 (2012)

actment of this Act, without regard to whether or

22 not final regulations to establish and operate the

23 registry have been promulgated by such date.

24 (3) CONFORMING AMENDMENT.—Section

25 303(f)(1)(B)(ii) of the Federal Food, Drug, and

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1 Cosmetic Act (21 U.S.C. 333(f)(1)(B)(ii)) is amend2

ed by striking ‘‘519(g)’’ and inserting ‘‘519(h)’’.

3 (b) ELECTRONIC EXCHANGE AND USE IN CERTIFIED

4 ELECTRONIC HEALTH RECORDS OF UNIQUE DEVICE

5 IDENTIFIERS.— (This is what they wanted the online health records for.  RFID Chips!!)

6 (1) RECOMMENDATIONS.—The HIT Policy

7 Committee established under section 3002 of the

8 Public Health Service Act (42 U.S.C. 300jj–12)

9 shall recommend to the head of the Office of the Na10

tional Coordinator for Health Information Tech11

nology standards, implementation specifications, and

12 certification criteria for the electronic exchange and

13 use in certified electronic health records of a unique

14 device identifier for each device described in section

15 519(g)(1) of the Federal Food, Drug, and Cosmetic

16 Act, as added by subsection (a).

17 (2) STANDARDS, IMPLEMENTATION CRITERIA,

18 AND CERTIFICATION CRITERIA.—The Secretary of

19 the Health Human Services, acting through the

20 head of the Office of the National Coordinator for

21 Health Information Technology, shall adopt stand22

ards, implementation specifications, and certification

23 criteria for the electronic exchange and use in cer24

tified electronic health records of a unique device

25 identifier for each device described in paragraph (1),

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1 if such an identifier is required by section 519(f) of

2 the Federal Food, Drug, and Cosmetic Act (21

3 U.S.C. 360i(f)) for the device.

Feel better knowing that our legislators are SO willing to look out for you and yours that they'll gladly give this up: Amendment IV: Search and arrest warrants

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

1 comment:

Anonymous said...

Hvala za zanimljiv blog