My BNET commentary on the Google-HIPAA issue
I’ve got a new outlet for my work, namely the BNET Healthcare Blog. My first post went up today after a couple of weeks of refining and editing—worth it only because the faster I get the hang of BNET’s style, the more I get to post on this big stage.
The subject is the denials by Google and Microsoft that their PHR offerings are not subject to the new HIPAA requirements, even though the language seems clear to me and to several experts I’ve talked to. I specifically quoted Dr. David Brailer in this post, from a conversation we had a couple of weeks ago for a story I wrote on the stimulus bill. Brailer consulted extensively with congressional staff during the legislative process.
I expect BNET to put up another post of mine on Wednesday, hopefully before HIMSS09 ends at 2:30 p.m. CDT.
Google and Microsoft’s position on this is mind-boggling, but from a practical point of view, pretty meaningless. I work in a major hospital in a position that provides extensive amounts of data to internal and external users. If Google or Microsoft ever want to arrange for us to provide them with patient data in electronic form for patients who okay that …. there is NO WAY ON EARTH we would do that without an in-place HIPAA Business Associate agreement … because that is OUR risk-mgmt control / legal protection for possible down-stream uses, misuses or abuses of the data once it leaves our hands. if Google or Microsoft want to insist that the business relationship is strictly between them and the patient, then they are free to get all the data they want directly from their business associate, i.e., the patient.And last I checked, there are no HIPAA regulations that would require health care providers to give machine-readable health care information directly to patients either, even upon request. (Patients have rights to receive information concerning DISCLOSURES of their data for uses beyond normal “health care operations” and I think to REVIEW most/some portions of their records. But getting a personal e-copy of their records in an usable form …. not required.)
Congrats on the new job. Not good for those of us who have enjoyed your increased posting on the blog, but probably pays you a little more. Well deserved.
John,It’s not a new job per se, and I won’t get rich with that, either. It’s simply another outlet and a chance to earn a few bucks. I’ll still do plenty of posting here.