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Under HIPAA, informed consent forms for research studies must document how protected health information will be kept private, potentially increasing barriers to participation. [65] These data suggest that HIPAA privacy rules may have negative effects on the cost and quality of medical research. Dr.
HIPAA provides a federal minimum standard for medical privacy, sets standards for uses and disclosures of protected health information (PHI), and provides civil and criminal penalties for violations. Prior to HIPAA, only certain groups of people were protected under medical laws such as individuals with HIV or those who received Medicare aid. [41]
There are many forms of PHI, with the most common being physical storage in the form of paper-based personal health records (PHR). Other types of PHI include electronic health records, wearable technology, and mobile applications. In recent years, there has been a growing number of concerns regarding the safety and privacy of PHI.
Enacted in 1996, the Health Insurance Portability and Accountability Act (HIPAA) protects sensitive patient health information from being disclosed without the patient's consent or knowledge. HIPAA sets the standard for protecting sensitive patient data held by health care providers, insurance companies, and their business associates. [110]
Appropriation is the oldest recognized form of invasion of privacy involving the use of an individual's name, likeness, or identity without consent for purposes such as ads, fictional works, or products. [15] "The same action – appropriation – can violate either an individual's right of privacy or right of publicity.
The basic idea of HIPAA is that an individual who is a subject of individually identifiable health information should have: Established procedures for the exercise of individual health information privacy rights. The use and disclosure of individual health information should be authorized or required.
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