Ehr - Whose Tape Is It Anyway?
(Privacy, Security, Consent & Property Rights)
On March 23, the HHS released an splendid Whitepaper on Consent to Electronic Information Exchange of Medical Records. Also on March 23, Dr. Deborah Peel, founder of Patient Privacy Rights has published an opinion inward The Wall Street Journal emphasizing the absolute bespeak for obtaining patient consent prior to sharing private information.
The HHS Whitepaper is examining diverse forms of Consent, diverse existing implementations of Consent inward Health Information Exchanges across the province too abroad, existing laws regulating the bespeak for patient Consent too provides in-depth analysis of the technical challenges inward implementing Consent policies.
Before nosotros await at Consent to part records, nosotros should in all probability clarify what it is just that nosotros suggest to share, amongst whom produce nosotros part too for what purpose.
All of us at roughly betoken or roughly other signed the HIPAA consent shape inward a doctor’s portion too thus, allowed the MD to part identifiable Personal Health Information (PHI) “for treatment, payment, or wellness attention operations purposes”. While nobody actually understands what “health attention functioning purposes” actually are, nosotros assume that our physician volition part information amongst our other attention providers too insurance companies too nobody else.
Does this hateful that de-identified information (re-identifying is real possible) tin last shared amongst anybody without our consent? Does it hateful that our MD is forthwith empowered to part ALL our information amongst insurers too other providers? If our employer is self-insured, tin the MD part our information amongst the employer every bit well? Do wellness attention operations include populace wellness (Government) too query (private)?
Some answers produce exist. For example, the Genetic Information Nondiscrimination Act of 2008 (GINA) by too large prohibits the collection too occupation of genetic information yesteryear insurers too employers. So information regarding our menage unit of measurement history or anything available from direct genetic testing cannot last shared amongst insurers too employers. GINA does non prohibit occupation of such information for other purposes. Other answers are unclear.
Electronic Medical Records tin incorporate information on disease, medications, treatments, social habits, drinking habits, smoking status, sexual action too orientation, abuse, depression, mental health, fiscal class, ethnicity, education, menage unit of measurement circumstances, diet too exercise, residence, SSN, employment, travel, hobbies too whatever else providers pick out to inquire too nosotros pick out to answer. Electronic Medical Records tin be, too volition be, the nearly comprehensive description available for an private inward a computerized discrete information format, ripe for analysis too mining. Unlike their newspaper counterparts, Electronic Medical Records are “liquid” too slow to part too they volition last shared. The exclusively determination left to us is how they volition last shared.
Sharing Medical Records betwixt providers to amend an private patient’s attention is an obvious too tested notion. Sharing Medical Records to foster populace wellness is a expert intention too for certain roads are largely paved yesteryear expert intentions. Creating rules too regulations to principle Privacy too Security of information yesteryear requiring patient Consent too technology scientific discipline to secure data, is imperative, but non nearly enough. Security volition last breached (occurring already). The police describe should impose existent too severe penalties, non merely fiscal slaps on the wrist. And the police describe should last enforced.
For diverse constituencies, or “stakeholders”, the wealth of information contained inward EHRs is straight translatable into tangible wealth measured inward difficult dollars. Thus, information inward EHRs (identifiable or not) should last considered Property. Treating information every bit belongings has precedence. In the trouble concern basis Intellectual Property is a good understood too good regulated term. Medical Record Property deserves, at the real least, the same protection.
On March 23, the HHS released an splendid Whitepaper on Consent to Electronic Information Exchange of Medical Records. Also on March 23, Dr. Deborah Peel, founder of Patient Privacy Rights has published an opinion inward The Wall Street Journal emphasizing the absolute bespeak for obtaining patient consent prior to sharing private information.
The HHS Whitepaper is examining diverse forms of Consent, diverse existing implementations of Consent inward Health Information Exchanges across the province too abroad, existing laws regulating the bespeak for patient Consent too provides in-depth analysis of the technical challenges inward implementing Consent policies.
Before nosotros await at Consent to part records, nosotros should in all probability clarify what it is just that nosotros suggest to share, amongst whom produce nosotros part too for what purpose.
All of us at roughly betoken or roughly other signed the HIPAA consent shape inward a doctor’s portion too thus, allowed the MD to part identifiable Personal Health Information (PHI) “for treatment, payment, or wellness attention operations purposes”. While nobody actually understands what “health attention functioning purposes” actually are, nosotros assume that our physician volition part information amongst our other attention providers too insurance companies too nobody else.
Does this hateful that de-identified information (re-identifying is real possible) tin last shared amongst anybody without our consent? Does it hateful that our MD is forthwith empowered to part ALL our information amongst insurers too other providers? If our employer is self-insured, tin the MD part our information amongst the employer every bit well? Do wellness attention operations include populace wellness (Government) too query (private)?
Some answers produce exist. For example, the Genetic Information Nondiscrimination Act of 2008 (GINA) by too large prohibits the collection too occupation of genetic information yesteryear insurers too employers. So information regarding our menage unit of measurement history or anything available from direct genetic testing cannot last shared amongst insurers too employers. GINA does non prohibit occupation of such information for other purposes. Other answers are unclear.
Electronic Medical Records tin incorporate information on disease, medications, treatments, social habits, drinking habits, smoking status, sexual action too orientation, abuse, depression, mental health, fiscal class, ethnicity, education, menage unit of measurement circumstances, diet too exercise, residence, SSN, employment, travel, hobbies too whatever else providers pick out to inquire too nosotros pick out to answer. Electronic Medical Records tin be, too volition be, the nearly comprehensive description available for an private inward a computerized discrete information format, ripe for analysis too mining. Unlike their newspaper counterparts, Electronic Medical Records are “liquid” too slow to part too they volition last shared. The exclusively determination left to us is how they volition last shared.
Sharing Medical Records betwixt providers to amend an private patient’s attention is an obvious too tested notion. Sharing Medical Records to foster populace wellness is a expert intention too for certain roads are largely paved yesteryear expert intentions. Creating rules too regulations to principle Privacy too Security of information yesteryear requiring patient Consent too technology scientific discipline to secure data, is imperative, but non nearly enough. Security volition last breached (occurring already). The police describe should impose existent too severe penalties, non merely fiscal slaps on the wrist. And the police describe should last enforced.
For diverse constituencies, or “stakeholders”, the wealth of information contained inward EHRs is straight translatable into tangible wealth measured inward difficult dollars. Thus, information inward EHRs (identifiable or not) should last considered Property. Treating information every bit belongings has precedence. In the trouble concern basis Intellectual Property is a good understood too good regulated term. Medical Record Property deserves, at the real least, the same protection.
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