37 Tort & Ins. L.J. 1113 (2001-2002)
The Nationalization of Health Information Privacy Protections

handle is hein.journals/ttip37 and id is 1123 raw text is: THE NATIONALIZATION OF HEALTH INFORMATION
PRIVACY PROTECTIONS
Lawrence 0. Gostin, James G. Hodge, Jr., and Lauren Marks
I. INTRODUCTION
On April 14, 2001, President George W      Bush approved the Standards for
Privacy of Individually Identifiable Health Information.1 These regulations,
which represent the first systematic national privacy protections of health
information,2 flow from a congressional mandate in the Health Insurance
Portability and Accountability Act of 1996.3 HIPAA requires the implemen-
tation of health information privacy protections, either through federal leg-
1. Hereinafter health data privacy regulations.
2. See Press Release, President George W. Bush, Statement by the President (Apr. 12,
2001), at http://www.whitehouse.gov/news/releases/2001/04/20010412-1.html [hereinafter
Bush Press Release]; Press Release, Secretary Tommy G. Thompson, Statement by HHS
Secretary Tommy G. Thompson Regarding the Patient Privacy Rule (Apr. 12,2001),available
at http://www.hhs.gov/news/press/2001pres/20010412.html [hereinafter Thompson Press
Release].
3. Pub. L. No. 104-191, 110 Stat. 1936; [hereinafter HIPAA].
Lawrence 0. Gostin is Professor of Law, Georgetown University Law Center; Professor,
Johns Hopkins Bloomberg School of Public Health; Director, Center for Law and the
Public's Health at Georgetown and John Hopkins Universities; and Visiting Fellow, Cen-
tre for Socio-Legal Studies, Oxford University. James G. Hodge, Jr., is Adjunct Professor
of Law, Georgetown University Law Center; Scientist, Johns Hopkins Bloomberg School
of Public Health; and Proect Director, Center for Law and the Public's Health at George-
town and Johns Hopkins Universities. Lauren Marks will receive her J.D. in May 2003
from Georgetown University Law Center and is a research assistant at the Center for Law
and the Public's Health at Georgetown and Johns Hopkins Universities.
This article is based substantially on the following works published and submitted pre-
viously. Lawrence 0. Gostin, National Health Information Privacy: Regulations Under
the Health Insurance Portability and Accountability Act, 285 JAMA 3015 (2001); Law-
rence 0. Gostin, James G. Hodge, Jr., & Mira S. Burghardt, Balancing Communal
Goods and Personal Privacy Under a National Health Informational Privacy Rule, 46
ST. Louis. U. L.J. 5 (2002); Lawrence 0. Gostin & James G. Hodge, Jr., Personal
Privacy and Common Goods: A Framework for Balancing Under the National Health
Information Privacy Rule, MINN. L. REv. (forthcoming 2002).

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