Illegal attempt of Veterans Administration in approach into "Million Veterans Program" (MVP) by non disclosure of Privacy

The "Baseline Survey" without disclosure of usage of Gene's - violates
MVP is a national, voluntary research program conducted by the
Department of Veterans Affairs Office of Research & Development. The
goal of MVP is to partner with Veterans receiving their care in the VA
Healthcare System to study how genes affect health.
genes affect health - right of privacy genes affect health. Federal
Register Volume 74, Number 193 45 CFR Parts 160 and 164RIN
0991-AB54HIPAA Administrative Simplification: Standards for Privacy of
Individually Identifiable Health Information The purpose of these
proposed modifications is to implement section 105 of Title I of the
Genetic Information Nondiscrimination Act of 2008 (GINA) regarding the
privacy and confidentiality of genetic information, as well as to make
certain other changes to the HIPAA place the first national standards
for the privacy protection of
certain individually identifiable health information health care
providers who conduct covered health care
transactions electronically, health plans, and health care
clearinghouses.
The HIPAA Privacy Rule protects individuals' medical records and
other individually identifiable health information held by HIPAA
covered entities by, among other provisions, requiring appropriate
safeguards to protect the privacy of such information, and setting
limits and conditions on the uses and disclosures that may be made of
the information. The Privacy Rule also gives patients rights over their
PHI, including rights to examine and obtain a copy of their health
records, and to request corrections.
On May 21, 2008, President Bush signed into law the Genetic
Information Nondiscrimination Act of 2008 (``GINA''), Public Law 110-
233, 122 Stat. 881. Congress enacted GINA to ``establish [ ] a national
and uniform basic standard [that] isnecessary to fully protect the
public from discrimination and allay their concerns about the potential
for discrimination, thereby allowing individuals to take advantage of
genetic testing, technologies, research, and new therapies.'' GINA
section 2(5). To that end, GINA generally prohibits discrimination
based on an individual's genetic information with respect to both
health coverage and employment.
In particular, with respect to health coverage, Title I of GINA
generally prohibits discrimination in group premiums based on genetic
information, proscribes the use of genetic information as a basis for
determining eligibility or setting premiums in the individual and
Medicare supplemental policy (Medigap) insurance markets, and limits
the ability of group health plans, health insurance issuers, and
Medigap issuers to collect genetic information or to request orrequire
that individuals undergo genetic testing. Title II of GINA generally
prohibits use of genetic information in the employment context,
restricts acquisition of genetic information by employers and other
entities covered by Title II, and strictly limits such entities from
disclosing genetic information. The Departments of Labor (Employee
Benefits Security Administration), Treasury (Internal Revenue Service),
and HHS (Centers for Medicare& Medicaid Services) are responsible for
administering andenforcing the GINA Title I nondiscrimination
provisions, andthe Equal Employment Opportunity Commission (EEOC) is
responsible for administering and enforcing the GINA Title II
nondiscrimination provisions. Privacy Rule to clarify that genetic
information is
health information and to prohibit group health plans, health insurance
issuers (including HMOs), and issuers of Medicare supplemental policies
from using or disclosing genetic information for underwritingpurposes.
In this proposed rule, HHS is proposing to implementthe
modifications required by GINA section 105, as well as to make certain
other modificationsto the HIPAA Privacy Rule, and seeks public comment
on its proposal. In developing its proposal,HHS consulted with the
Departments of Labor and Treasury,as required by section 105(b)(1) of
GINA, to ensure, to the extent practicable, consistency across the
regulations. In addition, HHS coordinated with the EEOC in the
development of these regulations.
II. Description of Proposed Modifications
Overview and Scope In accordance with section 105 of GINA \2\ and
the Department's
general authority under sections 262 and 264 of HIPAA, the Department
proposes to modify the HIPAA Privacy Rule to: (1) Explicitly provide
that genetic information is health information forpurposes of the
Rule; (2) prohibit health plans from using or disclosing protected
health information that is genetic information for underwriting
purposes; (3) revise the provisions relating to the Notice of Privacy
Practices for health plans that perform underwriting; (4) make a number
of conforming modifications to definitions and other provisions of the
Rule; and(5) make technical corrections to update the definition of
``health plan.''

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