JOURNAL ARTICLE

Dobbs and the future of health data privacy for patients and healthcare organizations.

  • Published In: Journal of the American Medical Informatics Association, 2023, v. 30, n. 1. P. 155 1 of 3

  • Database: CINAHL Ultimate 2 of 3

  • Authored By: Clayton, Ellen Wright; Embí, Peter J; Malin, Bradley A 3 of 3

Abstract

The article focuses on the implications of the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization decision, which overturned the constitutional right to abortion, for the privacy and management of health information. It examines how varying state abortion laws, including bans and restrictions, create challenges for healthcare providers, patients, and health information systems, particularly regarding the confidentiality of protected health information (PHI) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The article highlights potential privacy risks arising from electronic health records (EHRs), healthcare employees' access to sensitive data, law enforcement requests, and the use of consumer health applications not covered by HIPAA. It discusses current regulatory guidance, ethical considerations, and proposes mitigation strategies such as enhanced access controls, employee education, data use agreements with business associates, and potential legislative reforms to better protect individuals' reproductive health information in a fragmented legal landscape.

Additional Information

  • Source:Journal of the American Medical Informatics Association. 2023/01, Vol. 30, Issue 1, p155
  • Document Type:Journal Article
  • Subject Area:Law
  • Publication Date:2023
  • ISSN:1067-5027
  • DOI:10.1093/jamia/ocac155
  • Accession Number:160869858

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