HealthIT Answers September 7, 2023
The business of identity, particularly in healthcare, is evolving rapidly, especially in light of the “app economy”. The COVID-19 outbreak has also raised the tenor of the discussion.
With the ONC’s Information Blocking Rule calling for patient records to be available to the patient through an “app of their choosing”, concerns have emerged about whether the user is actually the patient whose records are being retrieved, and more broadly, what could happen to this data after the patient retrieves it.
Once in the app, the data is free from the privacy protections provided by HIPAA. While many like American Medical Association board chair Jesse Ehrenfeld have offered that pitting privacy protections against access is a “false dichotomy”, a real tension...