Digital Health Privacy and Age: Quality and Safety Improvement in Long-Term-Care
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DIGITAL HEALTH PRIVACY AND AGE:
QUALITY AND SAFETY IMPROVEMENT IN
LONG-TERM-CARE
RACHEL ZURAW*
TARA SKLAR**
TABLE OF CONTENTS
INTRODUCTION ................................................... 85
I. SENSOR TECHNOLOGY IN LONG-TERM CARE ......................... 86
11. QUALITY IMPROVEMENT WITH CLIENT FEEDBACK MODEL .............. 87
A. Gathering Data on Quality of Care ............................ 89
B. Cost-Savings and Workforce Shortages ......................... 91
III. PRIVACY AND DATA PROTECTION WITH DIGITAL HEALTH .............. 93
IV. MEANINGFUL INFORMED CONSENT WITH COGNITIVE AGING ............ 96
V . CONCLUSION .................................................. 97
INTRODUCTION
With enormous governmental expenditures for community-based,
long-term care taxpayers and their representatives will demand quality
as the ever-growing number of consumers of these services.'
Professor Eleanor Kinney pioneered an area of research in community-based,
long-term care that is at a critical point today: the standardization of services to
ensure quality and safety, along with individualization based on patient
preferences. Kinney defines community-based, long-term care as health and
personal care that supports daily living activities, is delivered over a sustained
period to persons who have lost some capacity for self-care, and has the primary
goal to prevent premature institutionalization.' Delivering this basic and
fundamental care in the private home and the local community is less costly than
providing it in an institution; however, it still faces impediments such as
workforce challenges, rising costs, and concerns with the increasing prevalence
of elder abuse. As the population ages and the number of older Americans
managing multiple chronic conditions grows, it is essential to develop additional
* J.D., M.Be, Lecturer, University of California, Berkeley, School of Law.
** J.D., M.P.H., Professor of Health Law, University of Arizona James E. Rogers College
of Law.
1. Eleanor D. Kinney et al., Quality Improvement in Community-Based, Long-Term Care:
Theory and Reality, 20 AM. J.L. & MED. 59, 60 (1994) [hereinafter Kinney et al., Theory and
Reality].
2. Id. at 61, 69. Activities of Daily Living (ADLs) include eating, bathing, toileting, and
dressing.
3. Tara Sklar & Rachel Zuraw, Preparing to Age in Place: The Role of Medicaid Waivers
in Elder Abuse Prevention, 28 ANNALS HEALTH L. & LiFE SCL 195, 196 (2019).](ViewImageLocal?handle=hein.journals/inhealr17&div=12&collection=&method=preview&ext=.png&size=3)
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Digital Health Privacy and Age: Quality and Safety Improvement in Long-Term-Care
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