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Health Information Technology and Privacy: Is There a Path to Consensus? February 29, 2008 Jodi. G. Daniel, J.D., M.P.H. Director, Office of Policy and.

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Presentation on theme: "Health Information Technology and Privacy: Is There a Path to Consensus? February 29, 2008 Jodi. G. Daniel, J.D., M.P.H. Director, Office of Policy and."— Presentation transcript:

1 Health Information Technology and Privacy: Is There a Path to Consensus? February 29, 2008 Jodi. G. Daniel, J.D., M.P.H. Director, Office of Policy and Research HHS, Office of the National Coordinator for Health Information Technology (ONC)

2 2February 29, 2008 HHS/ONC - Alliance for Health Reform Benefits of Health Information Technology Enables the transformation to higher quality, more efficient, patient-focused health Enables access and use by care providers, and patients and their designees Anywhere. Anytime.

3 3February 29, 2008 HHS/ONC - Alliance for Health Reform Priority for Policy Discussions New issues or opportunities raised by health IT Health IT as an opportunity to reconsider existing policies or

4 4February 29, 2008 HHS/ONC - Alliance for Health Reform Landscape – Whats New? Capabilities to link data Capabilities to look up patient information Opportunities for enhanced protections Opportunities for greater consumer involvement Opportunities for increased consumer electronic access to their information

5 5February 29, 2008 HHS/ONC - Alliance for Health Reform Landscape - Existing Protections Federal Laws ­ HIPAA Privacy and Security Rules ­ Confidentiality of Alcohol and Drug Abuse Patient Records Rule (42 CFR Part 2) ­ Federal Privacy Act ­ Others, e.g., Federal Trade Commission Act State Laws ­ Much variation ­ Some more protective ­ Some different Contractual Requirements

6 6February 29, 2008 HHS/ONC - Alliance for Health Reform Landscape – What are the issues? Tension between access and privacy Misconceptions and Confusion Protections may not reflect new environment

7 7February 29, 2008 HHS/ONC - Alliance for Health Reform Policy Levers Accreditation/Certification Bully Pulpit Procurement Incentives/Disincentives Legislation Regulation

8 8February 29, 2008 HHS/ONC - Alliance for Health Reform ONC – Coordinating a Nationwide Approach State Coordination –Health Information Security and Privacy Collaboration (HISPC) –State Alliance for e-Health Federal and Related Activities –American Health Information Community (FACA) CPS Workgroup –Consumer Capabilities in NHIN Trial Implementations

9 9February 29, 2008 HHS/ONC - Alliance for Health Reform Considerations for Policy Development Recognize the foundation of privacy protections at a state and federal level Prevent unintended consequences: Use policy mechanisms that can adapt with technology changes Consider impact on patient care Build consensus through stakeholder involvement Prioritize

10 10February 29, 2008 HHS/ONC - Alliance for Health Reform Formula for Quality Health Care + Consumer Protections/ Access = Trusted Health Information Exchange Quality Health Care Electronic Health Information

11 11February 29, 2008 HHS/ONC - Alliance for Health Reform For More Information: www.hhs.gov/healthit

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