How the Lack of Prescriptive Technical Granularity in HIPAA Has Compromised Patient Privacy
Loyola Law School Los Angeles - Alumni
February 3, 2010
North Illinois University Law Review, Vol. 30, No. 3, 2010
This paper argues that HIPAA legislation has a severe flaw within its architecture; a flaw which is severely compromising patient privacy. Although the drafters of the legislation recognized the importance of providing comprehensive privacy legislation at the federal level (to improve uniformity amongst states), they failed to recognize the importance highly specific ("granular") technical requirements play in facilitating improved privacy for patients.
This paper suggests that HIPAA rules surrounding technology implementation give too much latitude to covered entities. Consequently, the rules fail to provide adequate protection to protected health information.
HIPAA rules should be amended to mandate baseline technical granular standards to ensure uniform efficacy in the safeguarding of protected health information.
Number of Pages in PDF File: 22
Keywords: HIPAA, HIPAA 5010, Privacy, Healthcare, Regulations, Laws, Healthcare Information Privacy, Tim WafaAccepted Paper Series
Date posted: February 4, 2010 ; Last revised: September 14, 2010
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