The End of the HIPAA Privacy Rule?
7 Pages Posted: 5 Feb 2016 Last revised: 7 Jun 2016
Date Written: January 7, 2016
The HIPAA Privacy Rule is notoriously weak because of its limited coverage, numerous exclusions and exemptions, and limited rights for individuals. The three areas in which it provides the most protection are fundraising, marketing, and research. Provisions of the 21st Century Cures Act, pending in Congress, and the Notice of Proposed Rulemaking to amend the federal research regulations (Common Rule), awaiting final regulatory action, would weaken the privacy protections for research. If these measures are adopted, the HIPAA Privacy Rule would have so little value that it might not be worth the aggravation and burden.
Keywords: HIPAA, Privacy Rule, Common Rule, Research, Privacy, 21st Century Cures Act, Fundraising, Marketing, Human Subjects
JEL Classification: K31, K32
Suggested Citation: Suggested Citation