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Business & Tech

Health Care Patients' Privacy at Risk?

CSMS takes its legal battle to Washington, asking the Office of Civil Rights to investigate; Wiltonian Dr. Kathleen LaVorgna says patients' medical histories could be in jeopardy.

The Connecticut State Medical Society asked federal authorities to review potential patient privacy violations in light of the recent United acquisition of HealthNet.

The issue concerns the personal data of nearly 300,000 Connecticut patients. Last month the state Department of Insurance approved UnitedHealth Group's purchase of "renewal rights" for Health Net's commercial customers.

"I believe this is the first time in the country an insurance company has struck this kind of deal," Dr. Kathleen LaVorgna, a Wilton resident and president of CSMS said. "It's scary to think it's legal to do it this way."

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CSMS requested the Office of Civil Rights at the US Department of Health and Human Services to investigate just days after it asked Attorney General Richard Blumenthal to investigate possible violations of patient privacy.

"Thousands of Connecticut residents have no idea that as of today, another company has access to their most personal medical information without their permission," said Matthew C. Katz, CSMS executive vice president.  "CSMS will pursue every avenue to protect the privacy of our members' patients."

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"At this time, the Office for Civil Rights at HHS can not speak to this matter and can not provide any information," said Mike Robinson, a press officer with the department.

Last week LaVorgna filed an appeal to the state Superior Court together with Dr. Michael M. Deren of New London.  The two doctors filed with CSMS.  They want the court to overturn the state's DOI approval.

For now United has complete and total access to personal medical histories, including "medical diagnoses and treatment, without the consent of those patients," according to CSMS. That's a breach of the patient privacy standards under the Health Insurance Portability and Accountability Act of 1996, better known as HIPPA.

Alice Ferreira, Director of Public Relations at HealthNet, didn't respond to repeated inquiries.

CSMS said United can peek inside employer's claims and patients' medical records before deciding to which business it will offer policy renewals and at what price.

"It's not the way it's been done in the past. It leaves United open to cherry-pick," LaVorgna said. "They're under no obligation. They can do anything they want. It leaves patients very vulnerable."

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