The End of the HIPAA Privacy Rule?

7 Pages Posted: 5 Feb 2016 Last revised: 7 Jun 2016

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: January 7, 2016

Abstract

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

Rothstein, Mark A., The End of the HIPAA Privacy Rule? (January 7, 2016). Journal of Law, Medicine and Ethics, Vol. 44, No. 2, 2016. Available at SSRN: https://ssrn.com/abstract=2727796

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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