Regulatory Disruption and Arbitage in Health-Care Data Protection

Date

2017
Language
American English

Embargo Lift Date

Department

Committee Members

Degree

Degree Year

Department

Grantor

Journal Title

Journal ISSN

Volume Title

Found At

Abstract

This article explains how the structure of U.S. health-care data protection (specifically its sectoral and downstream properties) has led to a chronically uneven policy environment for different types of health-care data. It examines claims for health-care data protection exceptionalism and competing demands such as data liquidity. In conclusion, the article takes the position that health- care-data exceptionalism remains a valid imperative and that even current concerns about data liquidity can be accommodated in an exceptional protective model. However, re-calibrating our protection of health-care data residing outside of the traditional health-care domain is challenging, currently even politically impossible. Notwithstanding, a hybrid model is envisioned with downstream HIPAA model remaining the dominant force within the health-care domain, but being supplemented by targeted upstream and point-of-use protections applying to health-care data in disrupted spaces.

Description

item.page.description.tableofcontents

item.page.relation.haspart

Cite As

17 Yale Journal of Health Policy, Law and Ethics 143

ISSN

Publisher

Series/Report

Sponsorship

Major

Extent

Identifier

Relation

Journal

Rights

Source

Alternative Title

Type

Article

Number

Volume

Conference Dates

Conference Host

Conference Location

Conference Name

Conference Panel

Conference Secretariat Location

Version

Full Text Available at

This item is under embargo {{howLong}}