The School of Public Health and Health Services at The George Washington University (GW/SPHHS) has released a new report examining privacy issues in light of Congress' $20 billion earmarked for health information technology in the proposed economic stimulus package, and expanded protections for patient privacy. According to a press release from GW/SPHHS, the report suggests that while "health information technology has the potential to improve health care quality and save money, it also raises significant concerns about how electronic data is used, shared and protected."

The report is entitled "Patient Privacy in the Era of Health Information Technology: Overview of the Issues." In the report, GW/SPHHS examines privacy protections currently applicable to electronic health information, in the context of HIPAA, expanded requirements for patient privacy contained in the economic stimulus legislation, and perspectives on the scope and limitations of electronic health information privacy laws.

"No one thinks existing HIPAA privacy rules are fine the way they are, but there is disagreement on what the problems are and how to fix them," said Phyllis C. Borzi, JD, MA, research professor at the School. "Many consumer groups and patient advocates say the rules are way too lax. The industry people say they are barriers to creating effective health information systems and need to be loosened."

The questions examined in this report include:

--Whether federal laws on health information privacy preempt state laws, as states are currently allowed to establish more stringent privacy protections than federal law

--Who should be subject to privacy laws? Where HIPAA applies, and the question of access to electronic health information

-- Should consumer consent be required prior to the use or disclosure of personal health information?

-- Should other privacy standards be strengthened? According to the press release, areas of discussion include "the right to disclose information for marketing purposes; the obligation to notify patients in the event of a security breach; the obligation to maintain an audit trail so patients can learn what health information has been disclosed, and to whom; and the need for stronger enforcement."

The report may be found at: http://www.gwumc.edu/sphhs/about/rapidresponse/index.cfm

Adapted from a press release by the George Washington University School of Public Health and Health Services.

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