4,837 research outputs found

    Why the Insurance Industry Cannot Protect Against Health Care Data Breaches

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    Legal Solutions in Health Reform: Privacy and Health Information Technology

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    Identifies gaps in the federal health privacy standard and proposes options for strengthening the legal framework for privacy protections in order to build public trust in health information technology. Presents arguments for and against each option

    Cyber-Vulnerabilities & Public Health Emergency Response

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    Privacy and Health Information Technology

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    The increased use of health information technology (health IT) is a common element of nearly every health reform proposal because it has the potential to decrease costs, improve health outcomes, coordinate care, and improve public health. However, it raises concerns about security and privacy of medical information. This paper examines some of the “gaps” in privacy protections that arise out of the current federal health privacy standard, the Health Insurance Portability and Accountability (HIPAA) Privacy Rule, the main federal law which governs the use and disclosure of health information. Additionally, it puts forth a range of possible solutions, accompanied by arguments for and against each. The solutions provide some options for strengthening the current legal framework of privacy protections in order to build public trust in health IT and facilitate its use for health reform. The American Recovery and Reinvestment Act (ARRA) enacted in February 2009 includes a number of changes to HIPAA and its regulations, and those changes are clearly noted among the list of solutions (and ARRA is indicated in the Executive Summary and paper where the Act has a relevant provision)

    Going Rogue: Mobile Research Applications and the Right to Privacy

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    This Article investigates whether nonsectoral state laws may serve as a viable source of privacy and security standards for mobile health research participants and other health data subjects until new federal laws are created or enforced. In particular, this Article (1) catalogues and analyzes the nonsectoral data privacy, security, and breach notification statutes of all fifty states and the District of Columbia; (2) applies these statutes to mobile-app-mediated health research conducted by independent scientists, citizen scientists, and patient researchers; and (3) proposes substantive amendments to state law that could help protect the privacy and security of all health data subjects, including mobile-app-mediated health research participants

    Double Secret Protection: Bridging Federal and State Law To Protect Privacy Rights for Telemental and Mobile Health Users

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    Mental health care in the United States is plagued by stigma, cost, and access issues that prevent many people from seeking and continuing treatment for mental health conditions. Emergent technology, however, may offer a solution. Through telemental health, patients can connect with providers remotely—avoiding stigmatizing situations that can arise from traditional healthcare delivery, receiving more affordable care, and reaching providers across geographic boundaries. And with mobile health technology, people can use smart phone applications both to self-monitor their mental health and to communicate with their doctors. But people do not want to take advantage of telemental and mobile health unless their privacy is protected. After evaluating the applicability of current health information privacy law to these new forms of treatment, this Note proposes changes to the federal regime to protect privacy rights for telemental and mobile health users

    Double Secret Protection: Bridging Federal and State Law To Protect Privacy Rights for Telemental and Mobile Health Users

    Get PDF
    Mental health care in the United States is plagued by stigma, cost, and access issues that prevent many people from seeking and continuing treatment for mental health conditions. Emergent technology, however, may offer a solution. Through telemental health, patients can connect with providers remotely—avoiding stigmatizing situations that can arise from traditional healthcare delivery, receiving more affordable care, and reaching providers across geographic boundaries. And with mobile health technology, people can use smart phone applications both to self-monitor their mental health and to communicate with their doctors. But people do not want to take advantage of telemental and mobile health unless their privacy is protected. After evaluating the applicability of current health information privacy law to these new forms of treatment, this Note proposes changes to the federal regime to protect privacy rights for telemental and mobile health users

    Weathering the Nest: Privacy Implications of Home Monitoring for the Aging American Population

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    The research in this paper will seek to ascertain the extent of personal data entry and collection required to enjoy at least the minimal promised benefits of distributed intelligence and monitoring in the home. Particular attention will be given to the abilities and sensitivities of the population most likely to need these devices, notably the elderly and disabled. The paper will then evaluate whether existing legal limitations on the collection, maintenance, and use of such data are applicable to devices currently in use in the home environment and whether such regulations effectively protect privacy. Finally, given appropriate policy parameters, the paper will offer proposals to effectuate reasonable and practical privacy-protective solutions for developers and consumers

    Creation of public use files: lessons learned from the comparative effectiveness research public use files data pilot project

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    In this paper we describe lessons learned from the creation of Basic Stand Alone (BSA) Public Use Files (PUFs) for the Comparative Effectiveness Research Public Use Files Data Pilot Project (CER-PUF). CER-PUF is aimed at increasing access to the Centers for Medicare and Medicaid Services (CMS) Medicare claims datasets through PUFs that: do not require user fees and data use agreements, have been de-identified to assure the confidentiality of the beneficiaries and providers, and still provide substantial analytic utility to researchers. For this paper we define PUFs as datasets characterized by free and unrestricted access to any user. We derive lessons learned from five major project activities: (i) a review of the statistical and computer science literature on best practices in PUF creation, (ii) interviews with comparative effectiveness researchers to assess their data needs, (iii) case studies of PUF initiatives in the United States, (iv) interviews with stakeholders to identify the most salient issues regarding making microdata publicly available, and (v) the actual process of creating the Medicare claims data BSA PUFs

    The Data Breach Dilemma: Proactive Solutions for Protecting Consumers’ Personal Information

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    Data breaches are an increasingly common part of consumers’ lives. No institution is immune to the possibility of an attack. Each breach inevitably risks the release of consumers’ personally identifiable information and the strong possibility of identity theft. Unfortunately, current solutions for handling these incidents are woefully inadequate. Private litigation like consumer class actions and shareholder lawsuits each face substantive legal and procedural barriers. States have their own data security and breach notification laws, but there is currently no unifying piece of legislation or strong enforcement mechanism. This Note argues that proactive solutions are required. First, a national data security law—setting minimum data security standards, regulating the use and storage of personal information, and expanding the enforcement role of the Federal Trade Commission—is imperative to protect consumers’ data. Second, a proactive solution requires reconsidering how to minimize the problem by going to its source: the collection of personally identifiable information in the first place. This Note suggests regulating companies’ collection of Social Security numbers, and, eventually, using a system based on distributed ledger technology to replace the ubiquity of Social Security numbers
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