Comments on: For Your Radar — Huge Implications for Healthcare in Pending Privacy Legislation https://thehealthcareblog.com/blog/2019/02/20/for-your-radar-huge-implications-for-healthcare-in-pending-privacy-legislation/ Everything you always wanted to know about the Health Care system. But were afraid to ask. Wed, 30 Nov 2022 14:46:23 +0000 hourly 1 https://wordpress.org/?v=6.3.4 By: Leslie Kelly Hall https://thehealthcareblog.com/blog/2019/02/20/for-your-radar-huge-implications-for-healthcare-in-pending-privacy-legislation/#comment-864667 Thu, 28 Mar 2019 16:16:59 +0000 https://thehealthcareblog.com/?p=95694#comment-864667 This is very valuable, thank you Deven and Vince. Another item: Should a patient have the right to say who they are? Create my identity to be shared so that I can log on to all of my portals and API the same way?

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By: Adrian Gropper, MD https://thehealthcareblog.com/blog/2019/02/20/for-your-radar-huge-implications-for-healthcare-in-pending-privacy-legislation/#comment-863970 Thu, 28 Feb 2019 02:28:39 +0000 https://thehealthcareblog.com/?p=95694#comment-863970 The draft NPRM is a breakthrough toward interoperability because it enables the Federal Health Architecture to implement patient-directed health information exchange as a condition of participation unilaterally – avoiding a second decade of foot-dragging by special interests. Cerner at the VA would just have to go along.

CMS actuaries predict a $6 Trillion / 19.4% of GDP healthcare sector by 2027. I have yet to find a single person who thinks that is sustainable for the US economy and political system. A revolution will come. It could be ultra-left or ultra-right in how it introduces price cuts, but it will happen long before anyone figures out how to “bend the cost curve” by fiddling with regulatory capture.

The current administration has only a few months to steer the revolution in a market-driven direction that actually enables price and quality competition. Patient-directed interoperability and data use transparency could be in place by 2021 without any obvious need for congressional action beyond existing 21C Cures.

The roadmap is described in my recent post https://thehealthcareblog.com/blog/2019/02/22/oncs-proposed-rule-is-a-breakthrough-in-patient-empowerment/ I’m an optimist and betting HHS will do it. Join me.

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By: VinceKuraitis https://thehealthcareblog.com/blog/2019/02/20/for-your-radar-huge-implications-for-healthcare-in-pending-privacy-legislation/#comment-863969 Wed, 27 Feb 2019 13:39:54 +0000 https://thehealthcareblog.com/?p=95694#comment-863969 In reply to David Harlow.

David, Thanks for your comment. Agree — legislation in 2019 is not a done deal. Keeping my fingers crossed. We’ll continue to write about this.

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By: David Harlow https://thehealthcareblog.com/blog/2019/02/20/for-your-radar-huge-implications-for-healthcare-in-pending-privacy-legislation/#comment-863968 Tue, 26 Feb 2019 20:19:45 +0000 https://thehealthcareblog.com/?p=95694#comment-863968 Excellent overview of key issues and potential solutions. I am (as always) skeptical that we will achieve meaningful change anytime soon (esp. in the swamp-by-the-Potomac). The lag in serious implementation by many companies after the GDPR effective date is indicative of the long road ahead, even if we get the perfect new law enacted. I fear that we will collectively not be able to get out of our own way and achieve consensus on a meaningful federal privacy law that preempts state law. But I’d love to be surprised on this one.

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By: momsbosom https://thehealthcareblog.com/blog/2019/02/20/for-your-radar-huge-implications-for-healthcare-in-pending-privacy-legislation/#comment-863967 Sat, 23 Feb 2019 12:24:08 +0000 https://thehealthcareblog.com/?p=95694#comment-863967 In reply to Steve2.

Good Question !
Youll Definitely get an answer on my Blog too in some days !
https://momsbosom.com/

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By: Steve2 https://thehealthcareblog.com/blog/2019/02/20/for-your-radar-huge-implications-for-healthcare-in-pending-privacy-legislation/#comment-863966 Fri, 22 Feb 2019 22:46:37 +0000 https://thehealthcareblog.com/?p=95694#comment-863966 So does this mean I should just give up on the fantasy of some day being able to see the cath results from the hospital across town before I have to take the urgent exploratory lap to the OR?

Steve

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By: VinceKuraitis https://thehealthcareblog.com/blog/2019/02/20/for-your-radar-huge-implications-for-healthcare-in-pending-privacy-legislation/#comment-863965 Fri, 22 Feb 2019 18:26:11 +0000 https://thehealthcareblog.com/?p=95694#comment-863965 Dave, Thanks for commenting. I’m also reading Surveillance Capitalism. The book explicitly is a very thorough expose of the problems and is intended to educate, but doesn’t offer a lot of deep answers.

Federal legislation for data/privacy protection would be a good start…but it’s not the final answer.

And yes, Zuckerberg has lost all credibility and trust. As a start, FB needs an “under new management” sign.

Lygeia, thanks for your positive words!

Lymepolicywonk, agree that de-identification comes with risks of harm….and re-identification is especially doable with health data given the specificity and uniqueness of data.

I’m impressed with the registry you’ve established. More generally, I think that you illustrate the need for independent 3rd parties to oversee health research projects.

William, you raise good points. Part of the complexity of potential legislation is that there are so many diverse interests and not easily foreseeable circumstances.

And, while other types of data about us have been gathered for decades, health care data harvesting is still a relatively new field — most health record data hasn’t been digitized until recently and much of it still isn’t…and we’ve got a long way toward getting past silos of non-interoperable data. As you note security is critical. Risks and opportunities.

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By: William Palmer MD https://thehealthcareblog.com/blog/2019/02/20/for-your-radar-huge-implications-for-healthcare-in-pending-privacy-legislation/#comment-863964 Thu, 21 Feb 2019 19:26:47 +0000 https://thehealthcareblog.com/?p=95694#comment-863964 Deven and Vince, thank you so much. These are huge implications and the time is ripe.

Additions:

1. Patients need to have enough equity ownership in their medical records such that they can get together as a class and, perhaps with their attorneys, investigate the data, write papers, present facts to Congress or state legislatures and, in fact, ultimately change behavior of their health plans or insurers or hospitals. They, therefore, need to be able to study the data and do things with it. Symmetry. Now we have huge firms and agencies using and profiting from the data. The patients need to be able to do the same thing.

An example: Say there is a health plan Thrive. Thrive owns some nursing homes and some outpatient laboratories and image centers. There are similar outside competing facilities in the same service area. Patients get wind that referrals from Thrive are always to its own facilities where prices are notoriously high. A study is needed.

Or say the community finds thru anecdotal reports in the newspapers that the ER of its dominant hospital is not following EMTALA principles and is demanding payment guarantees prior to service. A study is needed.

2. The definition of data should extend to financial data associated with the patient’s clinical data. This is what is demanded of the patients and should be what the patients are demanding from the insurer or provider. Again, symmetry. And again, the notion of ownership of the data needs to be studied.

3. We need to have accountability processes so that if failure of data security occurs, some consequencies happen.

4. We need to be able to test security by using contracting hacking services.

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By: lymepolicywonk https://thehealthcareblog.com/blog/2019/02/20/for-your-radar-huge-implications-for-healthcare-in-pending-privacy-legislation/#comment-863963 Thu, 21 Feb 2019 18:47:56 +0000 https://thehealthcareblog.com/?p=95694#comment-863963 This is a terrific overview of the issues. Thank you. I would add that just because data is de-identified does not mean it can not do harm. It has less of a chance of creating personal harm through discrimination but it still has the potential to do harm to a community–especially a stigmatized community. For example, our patient registry has enrolled over 12,000 patients in a trust based data sharing model that specifies that their data will only be used for the benefit of the patient community as determined by patients. This means that researchers and research projects are vetted to prevent researcher bias that might serve to further marginalize the community or diminish, dismiss or trivialize patient concerns. This is a bit like community participatory research. This applies to our community, which is highly stigmatized, but also to other stigmatized or targeted communities such a native Americans, African Americans, mental health communities, LGBTQ communities, addicts etc. So there is individual autonomy and also community stewardship to protect communities at risk for data misuse that harms their community by biased or insensitive researcher who fail to understand or hold the community interests at the center.

Also nice to reconnect with Deven who taught me so much when I chaired the patient privacy panel at PCORI.

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By: Lygeia https://thehealthcareblog.com/blog/2019/02/20/for-your-radar-huge-implications-for-healthcare-in-pending-privacy-legislation/#comment-863962 Thu, 21 Feb 2019 16:32:15 +0000 https://thehealthcareblog.com/?p=95694#comment-863962 Thanks, Deven and Vince. This is a valuable overview of the status quo!

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