Privacy Risks of Interoperable Electronic Health Records: Segmentation of Sensitive Information Will Help

J. L. Med. & Ethics, 48, 4 (2019)

11 Pages Posted: 24 Oct 2019

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

Stacey A. Tovino

University of Nevada, Las Vegas, William S. Boyd School of Law

Date Written: October 15, 2019

Abstract

The proposed interoperability rules for electronic health records (EHRs) issued on March 4, 2019, by the Centers for Medicare and Medicaid Services address the last major element of the nation’s system of EHRs. The ability of health care providers and other users to supplement, exchange, and access comprehensive EHRs is essential to achieve efficient and high quality medical care. Interoperability, however, also increases the privacy risks of EHRs by enabling the unnecessary disclosure of sensitive health information to individuals and entities without a need to access them. This article reviews some leading proposals to protect health privacy within an interoperable system, highlighting the proposal from the National Committee on Vital and Health Statistics to permit patients to segment certain fields of sensitive information from the main body of their EHRs.

Keywords: Electronic health records, HIPAA Privacy Rule, HITECH Act, Interoperability, National Committee on Vital and Health Statistics, Privacy, Sensitive health information

JEL Classification: K31, K32

Suggested Citation

Rothstein, Mark A. and Tovino, Stacey Ann, Privacy Risks of Interoperable Electronic Health Records: Segmentation of Sensitive Information Will Help (October 15, 2019). J. L. Med. & Ethics, 48, 4 (2019). Available at SSRN: https://ssrn.com/abstract=3470343

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

Stacey Ann Tovino

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

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