Response to Open Peer Commentaries on 'Compelled Authorizations for Disclosure of Health Records: Magnitude and Implications'

American Journal of Bioethics, Vol. 7 No. 3, pp. W1-W3, 2007

3 Pages Posted: 9 Dec 2009

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

Date Written: March 19, 2009

Abstract

Lee Black and Emilie E. Anderson (2007) make a key point about the important role of physicians in protecting the confidentiality of health records. Regardless of the design features of a health record system, the first requirement of health privacy and confidentiality is trust by patients in their health care providers. If patients lack trust in their physicians’ commitment to protect their sensitive health information, they will not disclose matters essential to their health and they may even forgo medical care altogether.We agree that the ethical duty of physicians to protect the confidentiality of patient health records does not change with the advent of electronic health records.

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., Response to Open Peer Commentaries on 'Compelled Authorizations for Disclosure of Health Records: Magnitude and Implications' (March 19, 2009). American Journal of Bioethics, Vol. 7 No. 3, pp. W1-W3, 2007. Available at SSRN: https://ssrn.com/abstract=1520675

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

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