So How Many Health Care Privacy Laws Do We Need?
Last week, under pressure from privacy rights activists, Vermont Senator Patrick Leahy introduced an amendment to the Wired for Health Care Quality Act [S.1693]. Until then, this bill was nurtured along by proponents of health information networks and was poised to be “hotlined” for unanimous consent without debate in Congress.
The proposed amendment uses language familiar to those of you who have read HIPAA. Terms such as “protected health information” and “notice of privacy practices” appear in both the HIPAA regulations and the proposed amendment. However, the definitions are dramatically different. For example, the proposed amendment to S. 1693 includes genetic and biometric information in the definition of protected health information and expands it to information collected or used by health researchers, schools and universities, and employers. The scope of HIPAA was limited to those traditionally engaged in the delivery of health care such as providers and payers. Continue Reading...