Health and Human Serivces "Privacy" Standards: The Coming Destruction of American Medical Privacy

In: The independent review: journal of political economy, Volume 6, Issue 4, p. 485-511

Abstract

In conjunction with the Health Insurance Portability & Accountability Act (HIPAA), the US Dept of Health & Human Services (HHS) has created a plan to transcribe medical records into standard transactions using uniform codes & standard data elements. Under this new plan, personal medical histories could be easily accessed & abused if it were not for privacy standards enacted by the HHS in 2001. However, the effectiveness of the standards is suspect on the basis of terminology, eg, consent, authorization, & opportunities to object. Exceptions are found in which physicians & other covered entities -- health care providers, health plans, & health care clearinghouses -- are able to disclose medical information without the patient's consent. Further, the HHS is inadequate to control the redisclosure of medical records to recipients who are not covered entities. A pattern of misrepresentation & government manipulation, similar to the tactics used for Medicare in 1965, has turned unpopular measures into popular ones. The future prospects of privacy regulation is bleak as it has become less likely that the basic structure will change at the government's own initiative. 18 References. I. Sharp