Beyond the HIPAA Privacy Rule: Enhancing Privacy, Improving by Institute of Medicine, Board on Health Care Services, Board

By Institute of Medicine, Board on Health Care Services, Board on Health Sciences Policy, Committee on Health Research and the Privacy of Health Information: The HIPAA Privacy Rule, Lawrence O. Gostin, Laura A. Levit, Sharyl J. Nass

Within the realm of wellbeing and fitness care, privateness protections are had to look after sufferers' dignity and stop attainable harms. Ten years in the past, to handle those issues in addition to set guidance for moral health and wellbeing learn, Congress referred to as for a collection of federal criteria referred to now because the HIPAA privateness Rule. In its 2009 file, past the HIPAA privateness Rule: bettering privateness, bettering health and wellbeing via examine, the Institute of Medicine's Committee on wellbeing and fitness study and the privateness of wellbeing and fitness info concludes that the HIPAA privateness Rule doesn't safeguard privateness in addition to it's going to, and that it impedes vital health and wellbeing learn.

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Extra resources for Beyond the HIPAA Privacy Rule: Enhancing Privacy, Improving Health Through Research

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For that reason, the committee’s intent in developing its recommendations was to advance both privacy and health research interests to the extent possible. The committee understands that the lines are not neat, the questions are complex, and the challenges are formidable. Nevertheless, our recommendations are aimed at strengthening health research regulations and practices that effectively safeguard personally identifiable health information, while changing provisions of the HIPAA Privacy Rule or its interpretations that the committee found to be mostly formalistic or 15 Responsible health research is methodologically sound, is scientifically valid, protects the rights and interests of study subjects, and addresses a question or problem relevant to improving human health.

When this new approach is implemented, HHS should exempt health research from the HIPAA Privacy Rule. → Apply privacy, security, transparency, and accountability obligations to all health records used in research. If national policy makers choose to continue to rely on the HIPAA Privacy Rule rather than adopt a new federal approach (Recommendation I), the committee recommends the following: II. HHS should revise the HIPAA Privacy Rule and associated guidance. A. HHS should reduce variability in interpretations of the HIPAA Privacy Rule in health research by covered entities, IRBs, and Privacy Boards through revised and expanded guidance and harmonization.

However, the HIPAA Privacy Rule and PHIPA do have some key differences. , providers, hospitals, and pharmacies) that collect, use, and disclose personally identifiable health information, as well as to non-HICs that receive personally identifiable health information from a HIC. Thus, the privacy protections follow the data. Another important difference is that PHIPA permits HICs to disclose personally identifiable health information without consent to “prescribed persons or entities,” who must have in place practices, policies, and procedures approved by Ontario’s Information and Privacy Commissioner to protect the privacy and confidentiality of personally identifiable health information it receives and maintains.

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Categories: Health Policy