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Authors

Tim Wafa

Document Type

Article

Media Type

Text

Abstract

This article argues that HIPAA legislation has a severe flaw within its architecture, which has compromised patient privacy. Although the drafters of the legislation recognized the importance of providing comprehensive federal legislation to improve regulatory uniformity amongst states, they failed to recognize the importance highly specific ("granular") technical requirements play in facilitating improved privacy for patients. HIPAA rules surrounding technology implementation give too much latitude to covered entities, and as a result, provide inadequate protection to protected health information. HIPAA rules should be amended to mandate baseline technical ("granular") standards to ensure uniform efficacy in the safeguarding of protected health information.

First Page

531

Last Page

552

Publication Date

7-1-2010

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Suggested Citation

Tim Wafa, How the Lack of Prescriptive Technical Granularity in HIPAA Has Compromised Patient Privacy, 30 N. Ill. U. L. Rev. 531 (2010).

Included in

Law Commons

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