The Consumer Privacy Bill of Rights being pushed by the White House this year has one big flaw – and it’s an important one. Anything that is already covered under HIPAA and HITECH is not convered by the Bill leaving a privacy purgatory for all your health information. You have the right to a standard of privacy under one the Privacy bill, but that standard then changes once it is under HIPAA and HITECH, and leaves you will less control over how that information is used and who can view it.
The Consumer Privacy Bill of Rights contains an exception for health information subject to HIPAA. So, under this policy, Americans have a right to control the use and disclosure of their personal health information under the Consumer Privacy Bill of Rights if the information is NOT covered by HIPAA, but no right to control the use and disclosure of their health information that IS covered by the HIPAA Privacy Rule.
James C. Pyles is spearheading a bill that fills in the gaps left by the Consumer Privacy Bill of Rights called The Health Information Privacy Bill of Rights – creative name I know. Health privacy shouldn’t be a race to the bottom, or to the “floor” as HHS puts it. It should be a strong standard that protects a patient rights and installs trust into our health system.