Attorney Michael Fattorosi writes: In February, the AIDS Healthcare Foundation took their fight against AIM and the adult industry to the authorities of the federal Office for Civil Rights, a federal agency under the U.S. Department of Health and Human Services that enforces HIPAA, the California Office of Health Information Integrity enforcement Unit and Los…
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Follow-up: South Shore Hospital Reports Findings from Investigation into Missing Back-Up Computer Files
A statement from South Shore Hospital posted today on their web site reveals the names of other entities involved in the sequence of events in a recent breach and reports their conclusions following their investigation: South Shore Hospital today announced that it has completed its investigation into the loss of its back-up computer files. All available…
Patient Consent: A Closer Look
Deven McGraw of CDT was interviewed by HealthcareInfoSecurity.com: Detailed patient consent recommendations that a privacy and security “tiger team” recently completed are just a starting point toward giving patients far more control over their healthcare information, the co-chair of the team acknowledges. In an interview, attorney Deven McGraw says the recommendations, which federal regulators are…
Peel pushes for 'informed consent' over every element of patient data
Neil Versel writes: Depending on your point of view, Dr. Deborah Peel and her Patient Privacy Rights Foundation either continue to rail against the national push for EHRs or take further steps to hold policymakers honest. (We’re not going to go as far as ZDNet Healthcare’s Dana Blankenhorn, who recently called Peel a “Luddite” whose…
Article: Waiving Your Privacy Goodbye: Privacy Waivers and the HITECH Act’s Regulated Price for Sale of Health Data to Researchers
Barbara J. Evans of the University of Houston Law Center has uploaded a working paper to SSRN, “Waiving Your Privacy Goodbye: Privacy Waivers and the HITECH Act’s Regulated Price for Sale of Health Data to Researchers.” The abstract is: How much should an insurer or healthcare provider be able to charge when selling people’s personal…
More on the "harm" threshold (and its possible demise)
Over on HIPAA Blog, attorney Jeff Drummond writes: More on the “harm” threshold (and its possible demise): During this past week, the AHLA “HIT list” listserv has buzzed with commentary on the “harm” threshold (in large part started by the NYT article mentioned here), whether it should even be in there (or is an unconstitutional…