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@ePatientDave @janoldenburg @MightyCasey @HealthPrivacy Been stewing on this actually @ePatientDave .
It's the same problem @claudiawilliams and @HITpolicywonk raised.
In sum, a state can require certain behavior of a #licensed #professional that may be inconsistent with #HIPAA right of #access, or #CLIA rules, or (1/several)
It's the same problem @claudiawilliams and @HITpolicywonk raised.
In sum, a state can require certain behavior of a #licensed #professional that may be inconsistent with #HIPAA right of #access, or #CLIA rules, or (1/several)
@ePatientDave @janoldenburg @MightyCasey @HealthPrivacy @claudiawilliams @HITpolicywonk Or even @ONC_HealthIT. The issue is which rules win?
The first principle is that accessing your own health info is a privacy right.
There's a clear rule about state laws that give fewer rights, like making it cost more than #HIPAA says it should. Those are preempted 2/
The first principle is that accessing your own health info is a privacy right.
There's a clear rule about state laws that give fewer rights, like making it cost more than #HIPAA says it should. Those are preempted 2/
@ePatientDave @janoldenburg @MightyCasey @HealthPrivacy @claudiawilliams @HITpolicywonk @ONC_HealthIT The second principle is that legislatures dictate license terms to keep patients "safe."
So here, some states are adding physician requirements about labs to keep patients safe. It's a theoretically different line of law entirely, but it's crashing into the first principle 3/
So here, some states are adding physician requirements about labs to keep patients safe. It's a theoretically different line of law entirely, but it's crashing into the first principle 3/
