RFID Implants and Obamacare

There has been way too much confusion surrounding RFID implants and healthcare. The fear has been running rampant among uneducated conspiracy theorists. There was a rumour that has persisted for a long time, stating that Obamacare would require all Americans to receive an implantable RFID microchip. This panic and chaos has manifested itself and you can see examples of this in the news:

Satirical article creates stir in Wyoming town

Originally, while Obamacare was in its infancy and known as America’s Affordable Health Choices Act of 2009 HR 3200, page 1001 of HR3200 included an amendment to section 519 of the Food, Drug and Cosmetic Act which allowed for data collection to “facilitate analysis of post-market safety and outcomes data” from class II devices. There is section 519 of the Food, Drug and Cosmetic Act does still include an unamended passage on rules for class II devices and data collection from them.

Here is the language in HR3200 that is causing the commotion:

(g)(1)The Secretary shall establish a national medical device registry (in this subsection referred to as the ‘registry’) to facilitate analysis of postmarket safety and outcomes data on each device that—
(A) is or has been used in or on a patient; and
(B) is—
(i) a class III device; or
(ii) a class II device that is implantable, life-supporting, or life-sustaining.

(2) In developing the registry, the Secretary shall, in consultation with the Commissioner of Food and Drugs, the Administrator of the Centers for Medicare & Medicaid Services, the head of the Office of the National Coordinator for Health Information Technology, and the Secretary of Veterans Affairs, determine the best methods for—

(A) including in the registry, in a manner consistent with subsection (f), appropriate information to identify each device described in paragraph (1) by type, model, and serial number or other unique identifier;

(B) validating methods for analyzing patient safety and outcomes data from multiple sources and for linking such data with the information included in the registry as described in subparagraph (A), including, to the extent feasible, use of—
(i) data provided to the Secretary under other provisions of this chapter; and
(ii) information from public and private sources identified under paragraph (3);

(C) integrating the activities described in this subsection with—
(i) activities under paragraph (3) of section 505(k) (relating to active postmarket risk identification);
(ii) activities under paragraph (4) of section 505(k) (relating to advanced analysis of drug safety data); and
(iii) other postmarket device surveillance activities of the Secretary authorized by this chapter; and…

3(B) In this paragraph, the term ‘data’ refers to information respecting a device described in paragraph (1), including claims data, patient survey data, standardized analytic files that allow for the pooling and analysis of data from disparate data environments, electronic health records, and any other data deemed appropriate by the Secretary.

This obscure (at the time) language led to the rumours being addressed in many mainstream news articles:

Rumor: Obamacare requires microchip implant

While it is true that Obamacare does not include language that dictates mandatory implantation of RFID chips, a very interesting connection can be made to the manufacturer of implantable RFID, Veriteq — previously known as PostiveID, previously known as Verichip.  As you can read above, a national medical device registry was to be created. This led to the following guidelines:

Unique Device Identification (UDI)

So where does the Veriteq connection come from? Well guess who is providing the RFID devices to attach to implantable devices (things like breast implants)? Veriteq of course! You can read it about it here, on their own website: http://www.veriteqcorp.com/faq.html

VeriTeQ Corporation Delivers First Order of “Q Inside Safety Technology” to Breast Implant Partner Establishment Labs

VeriTeQ Delivers an Additional 6,000 Q Inside Safety Transponders to Establishment Labs in January

So yes, the language in the bill can be directly connected with the very same company people were terrified of in the beginning when Obamacare was still in its infancy. Does the bill require everyone to be microchipped? No it doesn’t. Is the implantable microchip still in the picture? Yes it is.

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