Date: Fri, 16 Mar 2001 12:37:28 -0500 From: freematt@coil.com (Matthew Gaylor) Subject: Peter P. Swire's Update on medical privacy rule To: freematt@coil.com (Matthew Gaylor)
[Sent with permission of Professor Swire-]
Date: Tue, 6 Mar 2001 14:50:14 -0500 From: "Peter P. Swire" <swire.1@OSU.EDU> Subject: Update on medical privacy rule
Public comments are due March 30 on the medical privacy rule. Congress provided in 1996 that the privacy rule is supposed to beimplemented in tandem with the "administrative simplification" rules that are speeding the computerization and networking of medical records. The privacy rules are important in themselves (affecting about 13% of the economy) and also as a model for any eventual U.S. rules concerning Internet privacy. There is now a significant chance that the Bush Administration will prevent the rule from going into effect in April (with actual compliance expected two years later). I believe that, if the rule does not g into effect, there is a substantial chance it will not be issued in the foreseeable future.
Today on my web page I have posted a number of items explaining the rule and rebutting some of the incorrect charges that have been made against it. I expect to post my comments on the rule when they are prepared, and would also welcome any materials that others may supply. The web page is at:
http://www.osu.edu/units/law/swire.htm.
The similarities are great, however -- how will rules be created and implemented for our networked society that allow information to flow when it should flow and prevent it from flowing when it should not flow? Adding your own efforts here can help bring public values and quality debate to this current issue of information politics and law.
Best,
Peter
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