Balancing Communal Goods and Personal Privacy Under a National Health Informational Privacy Rule
![handle is hein.journals/stlulj46 and id is 19 raw text is: BALANCING COMMUNAL GOODS AND PERSONAL PRIVACY
UNDER A NATIONAL HEALTH INFORMATIONAL PRIVACY RULE
LAWRENCE 0. GOSTIN*, JAMES G. HODGE, JR.**
AND MIRA S. BURGHARDT***
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 its important to keep them safe, how they can keep them safe,
[and] what will happen to them if they do not keep them safe.
INTRODUCTION
On April 14, 2001, President George W. Bush approved the Standards for
Privacy of Individually Identifiable Health Information (hereinafter referred to
as health data privacy rule). 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 (HIPAA).3 HIPAA required that health information privacy
protections be implemented either through federal legislation or administrative
* J.D., L.L.D. (Hon); 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 Johns Hopkins Universities. The authors would like to acknowledge the
research assistance of Auburn Daily, J.D. Candidate, Georgetown University Law Center, 2003.
** J.D., L.L.M.; Adjunct Professor of Law, Georgetown University Law Center; Assistant
Scientist, Johns Hopkins Bloomberg School of Public Health; Project Director, Center for Law
and the Public's Health at Georgetown and Johns Hopkins Universities.
*** J.D. Candidate, 2002, Georgetown University Law Center; Senior Research Assistant, Center
for Law and the Public's Health at Georgetown and Johns Hopkins Universities.
1. Donna E. Shalala, Health Care Information and Privacy, 8 HEALTH MATRIX 223, 231
(1998) (emphasis added).
2. See Press Release, President George W. Bush (Apr. 12, 2001), available at
http://www.whitehouse.gov/news/releases/2001/04/20010412-1.html (last visited Oct. 19, 2001);
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/200lpres/20010412.html (last visited Jan. 7, 2001) [hereinafter
Press Release, Secretary Thompson].
3. Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110
Stat. 1936 (1996) [hereinafter HIPAA].](ViewImageLocal?handle=hein.journals/stlulj46&div=9&collection=&method=preview&ext=.png&size=3)
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Balancing Communal Goods and Personal Privacy Under a National Health Informational Privacy Rule
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