Online Program

Is the ΗΙΡΑΑ final rule on protected health information enough? Εthical considerations on the marketing and sale of an individual's health information

Tuesday, November 5, 2013 : 10:30 a.m. - 10:50 a.m.

William McConnell, JD, MPH, School of Public Health, Indiana University, Bloomington, IN
For public health practitioners and researchers, access to large pools of patient data for use in targeted interventions is a priceless resource. However, the implications of the final rule regarding the transfer of protected health information (PHI) may give the field a reason to pause. HIPAA's final rule makes an attempt to regulate the way a patient's health information is used by third parties with most restrictions falling outside the more familiar safe harbors laid out by the anti-kickback statute. But, due to the uncertainty in the emerging market for health information and the ways through which illegal sharing of data is prosecuted, these large data sets may pose more liabilities rather than expanding our public health assets. This presentation will attempt to more fully describe the way third parties gain access protected health information under the final rule and the ethical considerations of the use of such information to promote the objectives of the Patient Protection and Affordable Care Act. Additionally, this presentation will explore the steps that should be taken to ensure a patient's health information is used to improve health rather than placing additional burden on the growing health disparities gap and why public health needs to approach patient health information contained in “big data” with cautious optimism.

Learning Areas:

Ethics, professional and legal requirements
Public health or related laws, regulations, standards, or guidelines

Learning Objectives:
Analyze the implications of the Final Rule on protected health information. Identify strengths and weaknesses in the regulation of protected health information. Discuss balancing appropriate use of patient data with the broader public health purpose of improving health for subsets of the population.

Keyword(s): Health Information, Privacy

Presenting author's disclosure statement:

Qualified on the content I am responsible for because: I am a public health practitioner with four years experience using patient health information for health quality improvement purposes in ambulatory and surgical settings. I am currently the Director of Quality, Safety, and Patient Experience with Anesthesia Consultants of Indianapolis as well as a law student. My research interests are positioned at the intersection of ethics, law, and health.
Any relevant financial relationships? No

I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.