51 Admin. L. Rev. 117 (1999)
The Intersection of Federal Health Information Privacy and State Administrative Law: The Protection of Individual Health Data and Workers' Compensation

handle is hein.journals/admin51 and id is 129 raw text is: THE INTERSECTION OF FEDERAL HEALTH
INFORMATION PRIVACY AND STATE
ADMINISTRATIVE LAW: THE PROTECTION OF
INDIVIDUAL HEALTH DATA AND WORKERS'
COMPENSATION
JAMES G. HODGE, JR.*
TABLE OF CONTENTS
Introduction  ............................................................................................... 118
I. Privacy Implications for Health Information in Workers' Com-
pensation  ......................................................................................... 122
A. Health Information Privacy in Workers' Compensation ......... 122
B. Privacy Protections of Health Information in Workers'
C om pensation  ......................................................................... 127
1. Existing Health Information Privacy Law ......................... 128
2. Proposed Health Information Privacy Law or Regula-
tio n s  ....................................................................................  13 2
II. Federalism-based Issues Underlying Federal Protection of
Health Information Privacy in State Workers' Compensation
Sy stem s  ..........................................................................................  13 7
III. Recommendations for Improving Health Information Privacy in
W orkers' Com  pensation  ................................................................. 141
C onclusion  ................................................................................................ 144
Every single health care professional, every insurance agent, every researcher, every
member of an IRB, every public health official, every pharmacist... - every single
person who comes in contact with health care records must understand why it is im-
portant to keep them safe, how they can keep them safe, [and] what will happen to
* J.D., LL.M, Adjunct Professor of Law, Georgetown University Law Center;
Greenwall Fellow in Bioethics and Health Policy (jointly sponsored by Johns Hopkins Uni-
versity and Georgetown University). The author would like to thank John P. Fanning,
Sandy Howard, and other persons at the Office of the Assistant Secretary of Planning and
Evaluation, United States Department of Health and Human Services, for their dedicated
thoughts and encouragement. He would also like to thank Professor Lawrence 0. Gostin,
Georgetown University Law Center, for his continued scholarly efforts in the field of health
information privacy.

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