HIPAA and medical privacy: Status of the lawsuit

2003 ◽  
Author(s):  
Dave Byrom ◽  
Patricia Dowds
Keyword(s):  
Medical Privacy

The New Federal Medical-Privacy Rule

2002 ◽  
Vol 347 (15) ◽  
pp. 1133-1134 ◽  
Author(s):  
Jennifer Kulynych ◽  
David Korn
Keyword(s):  
Privacy Rule ◽  
Medical Privacy

Some legal issues of medical privacy in psychiatric practice

2021 ◽  
pp. 111
Author(s):  
Svetlana V. Polubinskaya
Keyword(s):  
Mental Health ◽  
Russian Federation ◽  
Medical Information ◽  
Digital Health ◽  
Psychiatric Evaluation ◽  
Constitutional Court ◽  
Negative Consequences ◽  
The Russian Federation ◽  
Forensic Psychiatric ◽  
Medical Privacy

The article discusses a number of issues associated with medical privacy in psychiatry, including forensic psychiatric evaluation. Current Law of the Russian Federation “On Psychiatric Care and Guarantees of Citizens’ Rights in Its Provision” requires taking into account the mental state of a person with a mental disorder when informing him about his mental health condition. However this rule misses new realities of digital health and is not included into the legislation on protection of citizens’ health. It is hardly possible to realize in practice and it needs an additional and established by law mechanism of access to medical records, considering specific properties of psychiatric patients. Problems also arise with a mentally disordered person's access to his forensic psychiatric medical record. On the one hand, the report of forensic psychiatric evaluation is an evidence in the court case, and the procedure for its disclosure is regulated by procedural legislation and legislation on state forensic expert activities. On the other hand, the Constitutional Court of the Russian Federation considers such a report as a medical document, for which the rules of legislation on protection of citizens’ health apply. In this paper the authors propose the solution to this dilemma that requires corrections in the position of the Constitutional Court of the Russian Federation. The authors analyze the history of legislation on medical privacy and draw attention to obvious long-term trend that shows in continuing expansion of the range of persons who have right to access such information without consent of the citizen concerned. The authors conclude that medical privacy is gradually losing the nature of the right guaranteed by federal law. Especially worrying are the attempts of a number of state bodies and officials to obtain information about mental health of unspecified groups of people. Too many third parties already have access to medical information for various reasons, and the number is growing with introduction of digital health information systems. The authors come to conclusion that such a development can lead to serious negative consequences for the legally guaranteed rights of citizens and stress the importance of special attention to protection of medical information, including measures against unlawful access and possible leaks.

Caught in the Web

2013 ◽  
pp. 1294-1314
Author(s):  
Keith A. Bauer
Keyword(s):  
Social Networking ◽  
Health Information ◽  
Social Consequences ◽  
Personal Health Information ◽  
The Internet ◽  
Policy Makers ◽  
The Social ◽  
Privacy And Confidentiality ◽  
Medical Privacy ◽  
The Web

The social consequences of the internet are profound. Evidence of this can easily be found in the enormous body of literature discussing its impact on democracy, globalization, social networking, and education. The implications of the internet for medicine have likewise received a great deal of attention from policy makers, clinicians and technology theorists. Medical privacy, in particular, has garnered the lion’s share of attention. Nevertheless, research in this area has been lacking because it either fails to unpack the conceptual and ethical complexities of privacy or overestimates the power of technology and policy to protect our medical privacy. The aims of this chapter are twofold. The first is to provide a nuanced explication of the concept of privacy, and, second, to argue that e-medicine and the policies supposedly designed to protect the privacy and confidentiality of personal health information fail to do so and in some instances make their violations easier to commit.

Caught in the Web

2011 ◽  
pp. 179-199
Author(s):  
Keith A. Bauer
Keyword(s):  
Social Networking ◽  
Health Information ◽  
Social Consequences ◽  
Personal Health Information ◽  
The Internet ◽  
Policy Makers ◽  
The Social ◽  
Privacy And Confidentiality ◽  
Medical Privacy ◽  
The Web

The social consequences of the internet are profound. Evidence of this can easily be found in the enormous body of literature discussing its impact on democracy, globalization, social networking, and education. The implications of the internet for medicine have likewise received a great deal of attention from policy makers, clinicians and technology theorists. Medical privacy, in particular, has garnered the lion’s share of attention. Nevertheless, research in this area has been lacking because it either fails to unpack the conceptual and ethical complexities of privacy or overestimates the power of technology and policy to protect our medical privacy. The aims of this chapter are twofold. The first is to provide a nuanced explication of the concept of privacy, and, second, to argue that e-medicine and the policies supposedly designed to protect the privacy and confidentiality of personal health information fail to do so and in some instances make their violations easier to commit.

Medical Privacy and the Internet

2009 ◽  
pp. 17-29
Author(s):  
D. John Doyle
Keyword(s):  
Web Sites ◽  
Clinical Information ◽  
Health Technology ◽  
Hippocratic Oath ◽  
The Internet ◽  
Team Members ◽  
Privacy Concerns ◽  
Technological Developments ◽  
Potential Benefits ◽  
Medical Privacy

E-health technology has started to become commonplace in the clinical world, with practitioners setting up their own Web sites to disseminate educational information to patients, with physicians and nurses working as team members to access clinical information about a patient using an electronic patient chart, and with patients even conducting their own research to make informed decisions about clinical options.However, these potential benefits must be tempered from the perspective of medical privacy. Ever since the Hippocratic Oath of antiquity, protecting the privacy of patients has been an important precept of medical ethics. With technological developments, however, health information has come into use by many organizations and individuals that may be unsensitized to medical privacy concerns. This report is concerned with these issues.

scholarly journals Medical privacy and the disclosure of personal medical information: The beliefs and experiences of those with genetic and other clinical conditions

2004 ◽  
Vol 128A (3) ◽  
pp. 261-270 ◽  
Author(s):  
Nancy E. Kass ◽  
Sara Chandros Hull ◽  
Marvin R. Natowicz ◽  
Ruth R. Faden ◽  
Laura Plantinga ◽  
...  
Keyword(s):  
Medical Information ◽  
Clinical Conditions ◽  
Medical Privacy
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