The Feds Want Your Medical Records
In this age of HIPAA laws which give you the illusion that you medical information is private and sacred – there is also the illusion that you will some how have a measure of privacy from the most overbearing of prying eyes… the Federal government. It is just that… an illusion.
The Drug Enforcement Administration (DEA) is now seeking to have access to medical records without a warrant or consent. Not surprising though.. anyone with half a brain could figure out that this would be the very next step after medical records were digitized… and it looks like the Federal Government is not wasting any time to go after YOUR information:
The Drug Enforcement Administration is trying to access private prescription records of patients in Oregon without a warrant, despite a state law forbidding it from doing so. The ACLU and its Oregon affiliate are challenging this practice in a new case that raises the question of whether the Fourth Amendment allows federal law enforcement agents to obtain confidential prescription records without a judge’s prior approval. It should not.
In 2009, the Oregon legislature created the Oregon Prescription Drug Monitoring Program (PDMP), which tracks prescriptions for certain drugs dispensed by Oregon pharmacies, including all of the medications listed above. The program was intended to help physicians prevent drug overdoses by their patients and more easily recognize signs of drug abuse. Because the medical information revealed by these prescription records is highly sensitive, the legislature created robust privacy and security protections for the PDMP, including a requirement that law enforcement must obtain a warrant before requesting records for use in an investigation. But despite those protections, the DEA has been requesting prescription records from the PDMP using administrative subpoenas which, unlike warrants, do not involve demonstrating probable cause to a neutral judge.
The State of Oregon sued the DEA in federal court to defend its right to require law enforcement, including federal agencies, to obtain the warrants required by state law. Today, the ACLU filed a motion to intervene in the case on behalf of several patients and a doctor whose prescription records are contained in the PDMP. Our clients are concerned that the privacy of their medical information will be violated if the DEA is allowed to search through prescription records without a warrant. If the DEA can demonstrate to a judge that it has probable cause to believe that a crime has been committed and that prescription records will provide evidence of that crime, then it can legitimately obtain records from the PDMP. Because prescription records and the medical information they reveal are such a sensitive matter, protecting their privacy is vital, and we argue that obtaining private and confidential prescription records without a warrant constitutes an unreasonable search in violation of the Fourth Amendment.
There most likely will be more instances where the Federal Government will over-step its authority and start demanding medical information… one such likely place is with regard to gun ownership… because we ALL know that the Obama administration and their gun grabbing Marxist legislators will want to add medical history to background checks … and with so many people on prescription medication, which ALWAYS have side effects, it will be very easy to eliminate the right for many citizens to own or operate a firearm... mark my word on this!
That’s one of their tactics… and we’d better get on board very quickly with a plan to fight this additional assault of our second amendment rights.
About the Author
Judy Aron lives with her husband Michael in CT. They have three grown children who were homeschooled and are now successfully pursuing careers. Judy earned her Bachelor’s degree in Economics, Magna Cum Laude, with minors in Business Administration and Computer Science from the State University of New York at New Paltz.
Judy has been involved in politics for over 15 years. Judy has written many articles on various aspects of education at home and in public and private schools. She has been published in magazines and online, and has been interviewed on radio and in print.
She served as Vice President of Connecticut Homeschool Network (CHN) and was their legislative liaison. She now serves as Research Director for National Home Education Legal Defense (NHELD) providing parents across the nation with important information on legislative issues concerning parental rights and education.
Judy is the author of the blog “Consent of the Governed“
Most recently, Judy has been involved in various organizations and efforts to Restore the Republic, End/Audit the Federal Reserve, and to educate the public about the issues regarding their Liberty and Freedom, and is working to put a halt to the erosion of our rights. Judy is a fan of Ayn Rand, Seinfeld, Star Trek, Peter Schiff, Judge Andrew Napolitano, The Founders, JPFO, Appleseed, Von Mises, John Taylor Gatto, Wallace and Gromit, Dick Heller and Ruger (not in that order).