Abstract
The advent of the Health Insurance and Portability Accountability Act of 1996 (HIPAA) signaled a paradigm shift in how health records are stored, used, and released. The Act not only outlined provider responsibilities but also codified patients’ rights. Now, in the more than two decades of its existence, providers as well as consumers have encountered challenges in their interpretation and implementation of HIPAA, especially the Privacy Rule component of the Act. This chapter will examine these challenges, and, hopefully, offer alternative approaches to conceptualizing privacy and its attendant variables. The chapter will conclude with a discussion of how communication pathways amongst the various entities—patients, doctors, hospitals, and agencies—can mitigate privacy concerns and complaints.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
References
Fourth Amendment. HIPAA privacy violation is not a fourth amendment issue. 2007. http://fourthamendment.com/?p=1433. Accessed 22 Jul 2018.
Merriam-Webster. Privacy. n.d.. https://www.merriam-webster.com/dictionary/privacy. Accessed 23 Jan 2018.
National Constitution Center. Amendment. 2018. https://constitutioncenter.org/interactive-constitution/amendments/. Accessed 22 Jul 2018.
Ozair F, Jamshed N, Sharma A, Aggarwal P. Ethical issues in electronic health records: a general overview. In: Perspectives in clinical research. 2015. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4394583. Accessed 22 Jul 2018.
Rodriguez L. Privacy, security, and electronic health records. 2011. https://www.healthit.gov/buzz-blog/privacy-and-security-of-ehrs/privacy-security-electronic-health-records/
Sage Knowledge. The Schramm model of communication. 2018. http://sk.sagepub.com/books/key-concepts-in-marketing/n46.xml. Accessed 25 July 2018.
SPLC. Invasion of privacy laws, in brief. 2011. http://www.splc.org/article/2011/06/invasion-of-privacy-law. Accessed 22 Jul 2018.
Sweeny L. Matching known patients to health records in Washington State data. 2013. https://dataprivacylab.org/projects/wa/1089-1.pdf. Accessed 22 Jul 2018.
U.S. Department of Health and Human Services. The HIPAA privacy rule. 2018a. https://www.hhs.gov/hipaa/for-professionals/privacy/index.html. Accessed 22 Jul 2018.
U.S. Department of Health and Human Services. Summary of the HIPAA privacy rule. 2018b. https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html. Accessed 22 Jul 2018.
U.S. Department of Health and Human Services. Top five issues in investigated cases closed with corrective action, by calendar year. 2018c. https://www.hhs.gov/hipaa/for-professionals/compliance-enforcement/data/top-five-issues-investigated-cases-closed-corrective-action-calendar-year/index.html. Accessed 22 Jul 2018.
U.S. Department of Health and Human Services. Health information privacy complaints, received by calendar year. 2018d. https://www.hhs.gov/hipaa/for-professionals/compliance-enforcement/data/complaints-received-by-calendar-year/index.html. Accessed 22 Jul 2018.
U.S. Department of Health and Human Services. Enforcement results by year. 2018e. https://www.hhs.gov/hipaa/for-professionals/compliance-enforcement/data/enforcement-results-by-year/index.html. Accessed 22 Jul 2018.
U.S. Department of Health and Human Services. HHS case examples. n.d. https://www.hhs.gov/hipaa/for-professionals/compliance-enforcement/examples/all-cases/index.html. Accessed 22 Jul 2018.
UCI Researchers. Privacy vs. confidentiality: what is the difference? 2011. https://research.uci.edu/compliance/human-research-protections/docs/privacy-confidentiality-hrp.pdf. Accessed 22 Jul 2018.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2019 Springer Nature Switzerland AG
About this chapter
Cite this chapter
Chinwah-Adegbola, L. (2019). Privacy. In: Onyejekwe, E., Rokne, J., Hall, C. (eds) Portable Health Records in a Mobile Society. Health Informatics. Springer, Cham. https://doi.org/10.1007/978-3-030-19937-1_9
Download citation
DOI: https://doi.org/10.1007/978-3-030-19937-1_9
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-030-19936-4
Online ISBN: 978-3-030-19937-1
eBook Packages: MedicineMedicine (R0)