How the Lack of Prescriptive Technical Granularity in HIPAA Has Compromised Patient Privacy

22 Pages Posted: 4 Feb 2010 Last revised: 4 Mar 2014

See all articles by Tim Wafa

Tim Wafa

Loyola Law School Los Angeles - Alumni

Date Written: February 3, 2010

Abstract

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.

Keywords: HIPAA, HIPAA 5010, Privacy, Healthcare, Regulations, Laws, Healthcare Information Privacy, Tim Wafa

Suggested Citation

Wafa, Tim, How the Lack of Prescriptive Technical Granularity in HIPAA Has Compromised Patient Privacy (February 3, 2010). North Illinois University Law Review, Vol. 30, No. 3, 2010. Available at SSRN: https://ssrn.com/abstract=1547425

Tim Wafa (Contact Author)

Loyola Law School Los Angeles - Alumni ( email )

Los Angeles, CA
United States

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