Health Privacy, Security, and Information Management (in Laws of Medicine: Core Legal Aspects for the Healthcare Professional)
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Description
In the United States, health privacy, data security, and information management are governed by a patchwork of federal and state laws. Some of these laws are sourced in state professional practice acts that apply to healthcare professionals who practice in the state. Other laws are sourced in state healthcare facility licensing laws that apply to healthcare institutions located in the state. Still others are sourced in federal regulations that apply to certain, but not all, healthcare industry participants. Newer consumer data protection laws, which also protect health data, apply to certain persons that conduct business in the state or that produce products or services that are targeted to residents of the state. However, these consumer laws usually apply only when the data controlled or processed exceeds certain thresholds or when the data controller or processor derives a certain percentage of gross revenue from the sale of health and other consumer data. The United States does not have one federal law that protects all health data. As a result, many uses, disclosures, and sales of health data remain unregulated.
Publication Title
Laws of Medicine: Core Legal Aspects for the Healthcare Professional
Publication Date
2022
Publisher
Springer
DOI
https://doi.org/10.1007/978-3-031-08162-0
Keywords
health privacy, data protection, health data, information mangement
Disciplines
Medical Jurisprudence | Privacy Law
Recommended Citation
Tovino, Stacey A., "Health Privacy, Security, and Information Management (in Laws of Medicine: Core Legal Aspects for the Healthcare Professional)" (2022). Faculty Books and Book Chapters. 4.
https://digitalcommons.law.ou.edu/fac_books/4