HIPAA Blog

[ Monday, September 14, 2020 ]

 

 I don't particularly agree either with the premise or conclusion of this WSJ article (probably paywall protected).  HIPAA works very well for what it does.  It's not a all-health-information-gets-privacy law, because that's unworkable and unreasonable.  People exchange health information all the time.  A common greeting is, "how are you," which is a question about your health.  If I see you walk with a limp or with an arm in a sling, or even just looking pale, your appearance has conveyed health information to me.  Some information about you that's not directly related to healthcare can contain bits of health information (what you buy at the grocery store or order at a restaurant says something about your health).


Sensibly, and consistent with American jurisprudential practice, HIPAA only tried to govern the specific area where privacy of health information is and should be protected -- within the healthcare system.  Is this new regulatory scheme going to try to govern every exchange of health information?


Jeff [11:52 AM]

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