Transcript Jodi Daniel - Alliance for Health Reform

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)
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.
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Priority for Policy Discussions
New issues or
opportunities
raised by health
IT
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or
Health IT as an
opportunity to
reconsider existing
policies
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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
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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
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Landscape – What are the issues?
• Tension between access
and privacy
• Misconceptions and
Confusion
• Protections may not
reflect new environment
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Policy Levers
• Accreditation/Certification
• Bully Pulpit
• Procurement
• Incentives/Disincentives
• Legislation
• Regulation
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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
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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
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Formula for Quality Health Care
Electronic
Health
+
Information
Consumer
Protections/
Access
Trusted Health
= Information
Exchange
Quality Health Care
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For More Information:
www.hhs.gov/healthit
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