About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

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). 1113

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most