Compelled Authorizations for Disclosure of Health Records: Magnitude and Implications

The American Journal of Bioethics, Vol. 7, No. 3, pp. 38-45, 2007

9 Pages Posted: 24 Nov 2009 Last revised: 1 Nov 2012

See all articles by Mark A. Rothstein

Mark A. Rothstein

University of Louisville - Institute for Bioethics, Health Policy, and Law; University of Louisville - Louis D. Brandeis School of Law

Meghan K. Talbott

University of Louisville School of Medicine

Date Written: March 1, 2007

Abstract

Each year individuals are required to execute millions of authorizations for the release of their health records as a condition of employment, applying for various types of insurance, and submitting claims for benefits. Generally, there are no restrictions on the scope of information released pursuant to these compelled authorizations, and the development of a nationwide system of interoperable electronic health records will increase the amount of health information released. After quantifying the extent of these disclosures, this article discusses why it is important to limit disclosures of health information for non-medical purposes as well as how it may be possible to do so.

Keywords: electronic health records, EHRs, health information technology, HIT, Privacy, HIPAA Privacy Rule, authorizations, employment, life insurance, nationwide health information network, NHIN

JEL Classification: K31, K32

Suggested Citation

Rothstein, Mark A. and Talbott, Meghan K., Compelled Authorizations for Disclosure of Health Records: Magnitude and Implications (March 1, 2007). The American Journal of Bioethics, Vol. 7, No. 3, pp. 38-45, 2007. Available at SSRN: https://ssrn.com/abstract=1511851

Mark A. Rothstein (Contact Author)

University of Louisville - Institute for Bioethics, Health Policy, and Law ( email )

Louisville, KY 40202
United States

HOME PAGE: http://www.louisville.edu/bioethics

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

Meghan K. Talbott

University of Louisville School of Medicine

550 South Jackson Street
Louisville, KY 40202

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