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This blog post was written by Kenny Gutierrez, EFF Bridge Fellow.
Recently proposed modifications to the federal Health Insurance Portability and Accountability Act (HIPAA) would invade your most personal and intimate health data. The Office of Civil Rights (OCR), which is part of the U.S. Department of Health and Human Services (HHS), proposes loosening our health privacy protections to address misunderstandings by health professionals about currently permissible disclosures.
EFF recently filed objections to the proposed modifications. The most troubling change would expand the sharing of your health data without your permission, by enlarging the definition of “health care operations” to include “case management” and “care coordination,” which is particularly troubling since these broad terms are not defined. Additionally, the modifications seek to lower the standard of disclosure for emergencies. They also will require covered entities to disclose personal health information (PHI) to uncovered health mobile applications upon patient request. Individually, the changes are troublesome enough. When combined, the impact on the release of PHI, with and without consent, is a threat to patient health and privacy.
Trust in Healthcare is Crucial
The proposed modifications would undermine the requisite trust by patients for health professionals to disclose their sensitive and intimate medical information. If patients no longer feel their doctors will protect their PHI, they will not disclose it or even seek treatment. For example, since there is pervasive prejudice and stigma surrounding addiction, an opiate- dependent patient will probably be less likely to seek treatment, or fully disclose the severity of their condition, if they fear their diagnosis could be shared without their consent. Consequently, the HHS proposal will hinder care coordination and case management. That would increase the cost of healthcare, because of decreased preventative care in the short-ter
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Read the original article: Big Data Profits If We Deregulate HIPAA