Does HIPAA preemption pose a legal barrier to health information transparency and interoperability?

Authors

Sara J. Rosenbaum, George Washington UniversityFollow
Phyllis Borzi, George Washington University
Taylor Burke, George Washington University
Sonia W. Nath, George Washington University

Document Type

Journal Article

Publication Date

3-19-2007

Journal

BNA's Health Care Policy Report

Volume

Volume 15, Issue 11

Keywords

Health Administration & Organization; Electronic Health Records; Health Reform

Abstract

This paper summarizes the results of a review of nearly 500 judicial opinions decided as of fall 2006, involving access to protected health information (PHI) and privacy of medical information under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). This review was undertaken to determine whether HIPAA, which permits application of state privacy laws that are more stringent than the federal privacy standard, acts as a legal barrier to the creation of interoperable health information systems that permit transparency of health information. The availability of transparent and complete information regarding health system performance has been recognized as essential to improving the quality of care and reducing health care disparities.

APA Citation

Rosenbaum, S., Borzi, P.C., Burke, T., Nath, S.W. (2014). Does HIPAA preemption pose a legal barrier to health information transparency and interoperability? BNA's Health Care Policy, 15(11).

Open Access

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