For Immediate Release
7/23/2013
(MIDDLETOWN) – Today, Middletown resident Lee Brewer filed a lawsuit in Superior Court against Middletown Township to obtain the names of enrollees for health benefits with the municipality. The suit is seeking enrollment dating back to 2008. Brewer is represented by attorney Walter Luers.
“Many other governmental agencies make these records readily available to the public,” Middletown Democratic Party chairman Don Watson pointed out.
In fact, the Township of Middletown Sewerage Authority recently disclosed the same data that Middletown Township is withholding.
The case was brought because Township officials claim that the names of enrollees are confidential under the Health Insurance Portability and Accountability Act (HIPAA).
Walter Luers stated “HIPAA covers claims data and medical information. Revealing the type of coverage or who is covered does not shed any light whatsoever on claims, claims data or medical procedures.”
The Township has also argued that because it self-insures for health coverage, it is a payor like an insurance company, whose records are generally not subject to disclosure.
“If a governmental body could keep who it’s insuring a secret simply by paying its own claims, those inclined to bend the rules would have a huge incentive to self insure,” said Mr. Watson.
“The Township’s position prevents the public from ascertaining whether people are receiving health benefits who should not be receiving them, such as outside professionals or retirees who should be on Medicare. Public agencies, whether through malfeasance or negligence, have people on their health insurance rolls all the time who should not be there,” said Luers.
According to Luers, the question has already been addressed by the courts. In 2005, the New Jersey Superior Court ruling in the case of Michelson vs. Wyatt established that release of certain coverage information – specifically, enrollee names and coverage selections – serves the public interest by preventing waste and abuse by government.
The Michelson decision, therefore, established the public’s right not only to the names of health benefits enrollees, but also to the information needed to compare costs under various insurance options.
Middletown Township expects to pay close to $9 million dollars for health benefits in 2013, almost 14% of the municipal budget.
Showing posts with label Health Insurance Portability and Accountability Act (HIPAA). Show all posts
Showing posts with label Health Insurance Portability and Accountability Act (HIPAA). Show all posts
Saturday, July 27, 2013
Wednesday, September 19, 2012
Is HIPAA Being Used To Avoid Disclosure Of Public Information?
Cross posted from MiddletownDemocrat.org
by Linda Baum
The Health Insurance Portability and Accountability Act (HIPAA) was passed by the U.S. Congress in 1996 and became effective on July 1, 1997.
The law included a new rule requiring a person’s express approval for release of his or her medical records that is intended to protect a person’s right to privacy with respect to personal health information. And that is only right. However, in what may be a misapplication of the law, HIPAA is often cited by governmental offices to deny access to non-private information.
Because health benefits continue to be one of the greatest cost drivers for municipalities, it’s important that citizens be able to obtain the information needed to evaluate program costs. Further, governmental entities should be required to reveal exactly who is on their rolls for health benefits in order to reduce the potential for fraud and abuse. For example, it is commonly held that appointed professionals are not eligible to receive taxpayer-funded health benefits, and we should be able to verify that they aren’t receiving them.
I’ve learned that, unfortunately, the Open Public Records Act (OPRA) doesn’t guarantee access to non-private health benefits information the way it does to many other public records. In fact, OPRA requests for this information are typically denied.
In 2005, a New Jersey Superior Court ruled in the case of Michelson vs. Wyatt that, with respect to governmental entities, the public has a common law right to information about type of health benefits by name of enrollee for eligible employees, officials, and retirees. Thus, who is on a town’s rolls for health benefits should be public information.
Earlier this year, I submitted a request to Middletown under New Jersey common law for the names of persons who are receiving paid medical benefits from the Township. Adopting a position that other municipalities in New Jersey have rejected, Middletown refuses to provide the information. The Township maintains that the federal HIPAA privacy regulations supercede New Jersey law and bar the release of this information.
That is not only frustrating, but alarming. All New Jersey residents have the right to know the basis for property taxes in their communities. As I believe the Michelson decision established, HIPAA does not deny that right.
***
Ms. Baum has been an outspoken advocate for government transparency and fiscal accountability and continues to push for rightful disclosure of information that is in the public interest.
by Linda Baum
The Health Insurance Portability and Accountability Act (HIPAA) was passed by the U.S. Congress in 1996 and became effective on July 1, 1997.
The law included a new rule requiring a person’s express approval for release of his or her medical records that is intended to protect a person’s right to privacy with respect to personal health information. And that is only right. However, in what may be a misapplication of the law, HIPAA is often cited by governmental offices to deny access to non-private information.
Because health benefits continue to be one of the greatest cost drivers for municipalities, it’s important that citizens be able to obtain the information needed to evaluate program costs. Further, governmental entities should be required to reveal exactly who is on their rolls for health benefits in order to reduce the potential for fraud and abuse. For example, it is commonly held that appointed professionals are not eligible to receive taxpayer-funded health benefits, and we should be able to verify that they aren’t receiving them.
I’ve learned that, unfortunately, the Open Public Records Act (OPRA) doesn’t guarantee access to non-private health benefits information the way it does to many other public records. In fact, OPRA requests for this information are typically denied.
In 2005, a New Jersey Superior Court ruled in the case of Michelson vs. Wyatt that, with respect to governmental entities, the public has a common law right to information about type of health benefits by name of enrollee for eligible employees, officials, and retirees. Thus, who is on a town’s rolls for health benefits should be public information.
Earlier this year, I submitted a request to Middletown under New Jersey common law for the names of persons who are receiving paid medical benefits from the Township. Adopting a position that other municipalities in New Jersey have rejected, Middletown refuses to provide the information. The Township maintains that the federal HIPAA privacy regulations supercede New Jersey law and bar the release of this information.
That is not only frustrating, but alarming. All New Jersey residents have the right to know the basis for property taxes in their communities. As I believe the Michelson decision established, HIPAA does not deny that right.
***
Ms. Baum has been an outspoken advocate for government transparency and fiscal accountability and continues to push for rightful disclosure of information that is in the public interest.
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