Institute:Office of National Coordinator (ONC) Workforce Training Curriculum
Component:The Culture of Health Care
Unit:Privacy, Confidentiality, and Security
Lecture:HIPAA Privacy Rule
Slide content:Does HIPAA Privacy Rule Protect Privacy? Reviews by GAO (2004) and NCVHS (Kanaan, 2007) found adherence less problematic than anticipated Major concerns relate to difficulty in performing clinical research Finding and accessing patients for research more difficult (Armstrong et al., 2005) Two-thirds of researchers surveyed reported more difficulty in work; only one-quarter believed privacy enhanced (Ness, 2007) Reports from AAHC (Steinberg, & Rubin, 2009) and Institute of Medicine (2009) argue for revision to make research easier Also concerns with implications for public health ( Kamoie & Hodge, 2004) Another view calls for less emphasis on consent and more on a framework that makes for easier sharing of TPO (with some modifications of O ) with more rigorous restrictions on other uses, such as marketing (McGraw, 2009; McGraw et al., 2009) 20
Slide notes:One question thats often asked is whether the HIPAA Privacy Rule truly protects privacy. There has been a lot of work on different aspects of the HIPAA Privacy Rule: how well it works, how it can be strengthened, and so forth. Reviews in 2000, after the privacy rule was launched, by the Government Accountability Office, and in 2007 by the National Committee on Vital and Health Statistics (NCVHS), found that adherence was actually less problematic than many had anticipated. The HIPAA Privacy Rule has now become part of health care delivery. One area where there have been many concerns is in the impact of HIPAA on clinical research. Some studies have documented, for example, that finding and accessing patients to participate in research has become more difficult. Researchers report more difficulty in doing their work, and at the same time, they report that they dont believe privacy is being substantially enhanced. This concern has led some organizations, in particular, the Association of Academic Health Centers and the Institute of Medicine, to argue for revisions to the HIPAA Privacy Rule to make research easier. There also have been some assessments of the HIPAA Privacy Rule with regard to public health. In general, public health authorities are relatively satisfied with HIPAA and dont find it too onerous [ on - er - uhs ]. One approach that has been advocated is for less emphasis on patient consent and more emphasis on a framework that makes it easier to share appropriate TPO, with some modifications of how operations is defined, coupled with more rigorous restrictions on other uses, particularly marketing. 20