Model Health Information Disclosure Act (Mhida)

Posted: 18 Dec 1999

See all articles by Randall P. Bezanson

Randall P. Bezanson

University of Iowa College of Law

Sheldon F. Kurtz

University of Iowa College of Law

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Abstract

Recent technological advances in the health care delivery and payment system have complicated the traditional notions of confidentiality between patients and physicians, other health care providers, employers and insurers. While new laws are enacted to reflect the increasing concerns with the issue, they often fail to create certainty. The Model Health Information Disclosure Act represents an effort to provide clearer guidance in the area. Regulating the disclosure and maintenance of health care information, the Act focuses on the confidentiality of all forms of health care information. The Act imposes a general duty of nondisclosure and proposes criminal sanctions as well as civil remedies for breach of confidentiality. However, in certain instances, disclosure may become permissive or mandatory, depending on whether the benefit of disclosure outweighs the patient's privacy interest.

Suggested Citation

Bezanson, Randall P. and Kurtz, Sheldon F., Model Health Information Disclosure Act (Mhida). Journal of Corporation Law, Vol. 25, No. 1, December 1999. Available at SSRN: https://ssrn.com/abstract=198250

Randall P. Bezanson (Contact Author)

University of Iowa College of Law ( email )

Boyd Law Building
Iowa City, IA 52242
United States
319-335-9171 (Phone)
319-335-9098 (Fax)

Sheldon F. Kurtz

University of Iowa College of Law ( email )

446 BLB
Iowa City, IA 52242
United States
319-335-9069 (Phone)
319-335-9098 (Fax)

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