Assessing the Impact of Laws Related to Electronic Health Information

Public health practitioners and lawyers must understand how electronic health information can transform the capacity, functions, and efficiency of health departments. Health departments’ ability to obtain and use electronic health information may depend on various state law requirements, implicating topics such as: health department access to electronic health records; data reporting and collection; privacy and security; licensure and certification of facilities and health providers; health information technology standards; state insurance requirements; and state and federal incentive programs. Each of the legal provisions can impact health departments and their constituencies by affecting health outcomes, costs, organizational outcomes, and behaviors.

Our Program has been actively engaged in understanding the legal landscape surrounding electronic health information through a 50-state legal assessment. Our research has uncovered a broad spectrum of legal provisions addressing different uses of electronic health information. This session will describe our assessment of legal provisions that relate to electronic health information, including laws relating to secondary data use by health departments. In this session, we will present research in progress and provide an opportunity for the audience to ask questions and critique our work to inform the development of useful resources for public health lawyers and practitioners.