This HIPAA Mess

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Medical R&D Efforts to Slow?

[By Staff Writers]Prescription Bottle

An Institute of Medicine sponsored survey from 1,527 epidemiology practitioners published in a November 2007 issue of the Journal of the American Medical Association [JAMA], reported that variability in HIPAA interpretation has slowed scientific research by making it more costly and time consuming to the point that some academic institutional  review boards are closing down R&D efforts. 


Have you experienced this happening at your medical institution, and what is being done about this HIPAA mess?


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2 Responses

  1. HIPAA Mess?

    I think the R&D efforts of academic medical centers, especially those who produce US patents, have found ways around these HIPAA constraints.

    Before entering any treatment trial, the patient basically has to forfeit most of the HIPAA rights to qualify.

    Also, If any portions of the trial are part of health care treatment or operations, the privacy of the data is no longer only the patient’s property.

    Richard J. Mata; MD


  2. HIPAA loses momentum

    HIPAA enforcement loses momentum. Is that bad or good for healthcare?

    “Judge dismisses HIPAA claims arising from Omnicell laptop theft” Tim Mullaney, Staff Writer, McKnight’s, January 06, 2014

    Mullaney: “Individuals do not have the right to sue healthcare providers under the Health Insurance Portability and Accountability Act simply because their personal information was compromised, a federal judge recently ruled.”

    Coincidentally, just as the courts reaffirm that patients involved in a data breach cannot sue HIPAA-covered doctors and dentists, even more good news for HIPAA-covered entities popped up today: “United States: HIPAA Watchdog Has A Big Blind Spot”

    Law 360: “One of the report’s key findings was that the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services has little money to perform congressionally mandated audits to gauge whether health care providers, insurers and clearinghouses are abiding by the rules of the Health Insurance Portability and Accountability Act (HIPAA).”

    Only 17 of the over 80,000 breach incidents reported to HHS have resulted in enforcement action by the Office of Civil Rights since HIPAA went into effect.

    Looks like clear sailing for business as usual.

    D. Kellus Pruitt DDS


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