The End of the HIPAA Privacy Rule?

2016 ◽  
Vol 44 (2) ◽  
pp. 352-358 ◽  
Author(s):  
Mark A. Rothstein
Keyword(s):  
21St Century ◽  
Regulatory Action ◽  
Common Rule ◽  
Privacy Rule ◽  
Federal Research ◽  
Incomplete Coverage ◽  
Research Regulations ◽  
Hipaa Privacy Rule ◽  
21St Century Cures Act

The HIPAA Privacy Rule is notoriously weak because of its incomplete coverage, numerous exclusions and exemptions, and limited rights for individuals. The three areas in which it provides the most protection are fundraising, marketing, and research. Provisions of the 21st Century Cures Act, pending in Congress, and the Notice of Proposed Rulemaking to amend the federal research regulations (Common Rule), awaiting final regulatory action, would weaken the privacy protections for research. If these measures are adopted, the HIPAA Privacy Rule would have so little value that it might not be worth the aggravation and burden.

Reforming the HIPAA Privacy Rule

JAMA ◽  
2009 ◽  
Vol 301 (13) ◽  
pp. 1373 ◽  
Author(s):  
Lawrence O. Gostin ◽  
Sharyl Nass
Keyword(s):  
Privacy Rule ◽  
Hipaa Privacy Rule

THE CONDUCT OF CLINICAL RESEARCH UNDER THE HIPAA PRIVACY RULE

2006 ◽  
Vol 88 (12) ◽  
pp. 2765-2770
Author(s):  
WILLIAM C. MCMASTER ◽  
KATHERINE SALE ◽  
GUNNAR B.J. ANDERSSON ◽  
MATHIAS P.G. BOSTROM ◽  
MARK C. GEBHARDT ◽  
...  
Keyword(s):  
Clinical Research ◽  
Privacy Rule ◽  
Hipaa Privacy Rule
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