health information technology and privacy: is there a path to consensus? february 29, 2008 jodi. g....
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Health Information Technology and Privacy: Is There a Path to Consensus?
February 29, 2008February 29, 2008
Jodi. G. Daniel, J.D., M.P.H.Director, Office of Policy and ResearchHHS, Office of the National Coordinator for Health Information Technology (ONC)
2February 29, 2008 HHS/ONC - Alliance for Health Reform
Benefits of Health Information Technology
• Enables the transformation to higher quality, more efficient, patient-focused health
• Enables access and use by care providers, and patients and their designees
Anywhere. Anytime.
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Priority for Policy Discussions
New issues or opportunitiesraised by healthIT
Health IT as anopportunity toreconsider existingpolicies
or
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Landscape – What’s New?
• Capabilities to link data • Capabilities to look up patient
information• Opportunities for enhanced
protections • Opportunities for greater consumer
involvement • Opportunities for increased
consumer electronic access to their
information
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Landscape - Existing Protections
• Federal Laws HIPAA Privacy and Security Rules Confidentiality of Alcohol and Drug Abuse Patient
Records Rule (42 CFR Part 2) Federal Privacy ActOthers, e.g., Federal Trade Commission Act
• State Laws Much variation Some more protective Some different
• Contractual Requirements
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Landscape – What are the issues?
• Tension between access
and privacy
• Misconceptions and
Confusion
• Protections may not reflect new environment
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Policy Levers
• Accreditation/Certification
• Bully Pulpit
• Procurement
• Incentives/Disincentives
• Legislation
• Regulation
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ONC – Coordinating a Nationwide Approach
• State Coordination– Health Information Security and Privacy
Collaboration (HISPC)
– State Alliance for e-Health
• Federal and Related Activities– American Health Information Community (FACA)
• CPS Workgroup
– Consumer Capabilities in NHIN Trial Implementations
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Considerations for Policy Development
• Recognize the foundation of privacy protections at a state and federal level
• Prevent unintended consequences: • Use policy mechanisms that can adapt with
technology changes• Consider impact on patient care
• Build consensus through stakeholder involvement
• Prioritize
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Formula for Quality Health Care
+Consumer Protections/Access
=Trusted Health Information Exchange
Quality Health Care
Electronic Health Information
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For More Information:For More Information:
www.hhs.gov/healthitwww.hhs.gov/healthit