Privacy & Hlth Info Technlgy (LAW-719F-001)
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Health information technologies, including electronic health records, telemedicine, and mobile health (or mHealth), have the potential to improve health care outcomes and decrease health care costs. But these technologies also raise privacy, confidentiality, security, and data breach concerns, particularly when sensitive individually identifiable health information is created, stored, used, disclosed, and subjected to data mining. This course will explore the tensions arising incident to advancing health information technologies and enhancing patient care while protecting sensitive health information, and will examine the vast array of laws that may or not encourage a proper balance among these competing goals. The course begins by considering the extent to which we, as individuals, should control the health information relating to ourselves. It then builds upon that base by reviewing and analyzing the network of federal and state laws governing health information confidentiality as well as some analogs from other countries. The laws covered in this course include the Federal Privacy Act of 1974; the Administrative Simplification Subtitle of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended; the Health Information Technology for Economic and Clinical Health (HITECH) Act, enacted as part of the American Recovery and Reinvestment Act of 2009; the Genetic Information Nondiscrimination Act of 2008 (GINA); the E-Sign Act; and the Patient Protection and Affordable Care Act (PPACA/ACA).
Textbooks and Other Materials
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Reading materials will be posted to MyWCL
First Class Readings
Readings: “The Right to Privacy”, Warren and Brandeis, Harvard Law Review, Vol. IV, December 15, 1890, No. 5 - http://groups.csail.mit.edu/mac/classes/6.805/articles/privacy/Privacy_brand_warr2.html
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