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Health IT and Privacy: Path to Consensus?

This article explores the benefits, issues, and policy considerations surrounding health information technology (IT) and privacy. It discusses the need for a nationwide approach, the existing protections, and the policy levers that can be used to balance access and privacy. The article emphasizes the importance of stakeholder involvement and building consensus in developing policies to ensure quality healthcare.

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Health IT and Privacy: Path to Consensus?

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  1. Health Information Technology and Privacy: Is There a Path to Consensus? February 29, 2008 Jodi. G. Daniel, J.D., M.P.H. Director, Office of Policy and Research HHS, Office of the National Coordinator for Health Information Technology (ONC)

  2. Benefits of Health Information Technology • Enables the transformation to higher quality, more efficient, patient-focused health • Enables access and use by care providers, and patients and their designees Anywhere. Anytime. HHS/ONC - Alliance for Health Reform

  3. Priority for Policy Discussions New issues or opportunities raised by health IT Health IT as an opportunity to reconsider existing policies or HHS/ONC - Alliance for Health Reform

  4. Landscape – What’s New? • Capabilities to link data • Capabilities to look up patient information • Opportunities for enhanced protections • Opportunities for greater consumer involvement • Opportunities for increased consumer electronic access to their information HHS/ONC - Alliance for Health Reform

  5. Landscape - Existing Protections • Federal Laws • HIPAA Privacy and Security Rules • Confidentiality of Alcohol and Drug Abuse Patient Records Rule (42 CFR Part 2) • Federal Privacy Act • Others, e.g., Federal Trade Commission Act • State Laws • Much variation • Some more protective • Some different • Contractual Requirements HHS/ONC - Alliance for Health Reform

  6. Landscape – What are the issues? • Tension between access and privacy • Misconceptions and Confusion • Protections may not reflect new environment HHS/ONC - Alliance for Health Reform

  7. Policy Levers • Accreditation/Certification • Bully Pulpit • Procurement • Incentives/Disincentives • Legislation • Regulation HHS/ONC - Alliance for Health Reform

  8. ONC – Coordinating a Nationwide Approach • State Coordination • Health Information Security and Privacy Collaboration (HISPC) • State Alliance for e-Health • Federal and Related Activities • American Health Information Community (FACA) • CPS Workgroup • Consumer Capabilities in NHIN Trial Implementations HHS/ONC - Alliance for Health Reform

  9. Considerations for Policy Development • Recognize the foundation of privacy protections at a state and federal level • Prevent unintended consequences: • Use policy mechanisms that can adapt with technology changes • Consider impact on patient care • Build consensus through stakeholder involvement • Prioritize HHS/ONC - Alliance for Health Reform

  10. Formula for Quality Health Care Electronic Health Information Consumer Protections/Access Trusted Health Information Exchange + = Quality Health Care HHS/ONC - Alliance for Health Reform

  11. For More Information: www.hhs.gov/healthit HHS/ONC - Alliance for Health Reform

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