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Legal Implication of Blockchain Technology in Public Health
Published in Chinmay Chakraborty, Digital Health Transformation with Blockchain and Artificial Intelligence, 2022
Jayanta Ghosh, Ardhendu Sekhar Nanda
Public health remains on the serious list with a specific focus on sensitive personal data and management of health at large. Health Insurance Portability and Accountability Act, 1996 (HIPAA) refers to be modern legislation controlling healthcare data privacy in the US. Frauds related to health insurance have damaged the US government around billions of dollars, for which blockchain technology has been adopted to maintain the anti-corruption momentum. Although the non-covered entities (NCEs) like m-health and accessories inclusive of wearables, smartphones, health-tech instruments are not added under federal laws of HIPAA, there is a sharp turn to control the data extraction by individual private manufacturers. Health IT infrastructure is a complex entity that needs to satisfy four measures: centralized, federated, self-sovereign and user-centric. Risk follows up the information stacked above another, but the ultimate solution lies in the blocks used to store data. A shared ledger of data helps maintain the cryptographic rules discharged by the organization’s functioning smooth network of data transfer [30].
Consumer Health Information Technology
Published in Richard J. Holden, Rupa S. Valdez, The Patient Factor, 2021
Teresa Zayas-Cabán, P. Jon White
These policy and technological advances continue to take place within the broader policy and regulatory environment. Health care is a heavily regulated economic sector at both the federal and state levels, and those regulations have a significant impact on the kinds of technology and capabilities available to consumers and how health information is shared. In particular, privacy and security must be considered when developing, implementing, and using consumer health IT. The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule guarantees individuals the right of access to their health data, but also governs the privacy of those data at the federal level (U.S. Department of Health & Human Services, 2015). Issues with security, which is regulated at the federal level by the HIPAA Security Rule (U.S. Department of Health & Human Services, 2017), have also become increasingly important in light of massive breaches of health information, which have affected tens of millions of patients (10 largest data breaches of 2019, 2019). Furthermore, consumer health IT applications may also be regulated by other federal agencies, such as the Federal Trade Commission or Federal Communications Commission (U.S. Department of Health & Human Services, 2016a), depending on their functionality. In addition, applications that fall under the FDA’s definition of a medical device may require FDA approval before they can be offered to patients or caregivers (Larson, 2018).
Ethics in the Era of Precision Medicine
Published in Lawrence S. Chan, William C. Tang, Engineering-Medicine, 2019
The U.S. federal government also regulates personal health information through the privacy protections of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA restricts access to personal health information by requiring consent for the disclosure of personal health information even to immediate family members and to authorize access to any third parties. Furthermore, HIPAA includes provisions monitoring the security and confidentiality of personal health information. Subsequent legislation in 2008 and 2010 extended such protections to include electronic health records, breach-notification obligations, and may prevent covered entities from “remuneration for constructing databases containing a limited set of ‘anonymized’ patient information” (Vogenberg et al. 2010b). However, despite these expansions, HIPAA regulations apply only “to health plans, healthcare clearinghouses, and healthcare providers” and do not apply to other kinds of organizations that may handle sensitive patient data (Bolouri 2010).
A Blockchain Based Decentralized Identifiers for Entity Authentication in Electronic Health Records
Published in Cogent Engineering, 2022
Manoj T, Krishnamoorthi Makkithaya, Narendra V G
In the United States (US), all the healthcare ecosystem participants must comply with security and safety standards prescribed by HIPAA (Health Insurance Portability and Accountability Act) for collecting, storing and sharing EHRs. The EHR standards in India recommend the secure sharing of health records with minimal disclosure of patient identifiers (MoHFW India., 2016). According to a Cyber risk report by International Monetary Fund (IMF), around 1400 million data records have been breached using identity-based thefts as of 2020 (Adelmann et al., 2020). As per the practitioner’s report, the number of EHRs breached from 2005 to 2019 is at least 249.09 million. Out of that, in the last five years alone, approximately 157.40 million records were affected (Data Breaches, 2020). Most of the identity-related breaches are caused due to disclosure of sensitive information tied with identifiers, massive data collection and tracking enabled by the service providers. The principles promoted by the General Data Protection Regulation (GDPR; GDPR European Union, 2018) advocate entity controllable identifiers and minimum information collection to preserve privacy.
Exploratory Analysis of Internet of Things (IoT) in Healthcare: A Topic Modelling & Co-citation Approaches
Published in Information Systems Management, 2021
Ramakrishna Dantu, Indika Dissanayake, Sridhar Nerur
Healthcare is subject to stringent federal laws, and, as a consequence, individuals and organizations are required to comply with policies that safeguard patient information and assure the security and privacy of health data (HealthIT.Gov, n.d.). HIPAA (Health Insurance Portability and Accountability Act) regulations (U.S. Department of Health & Human Services, n.d.), the federal law that protects health information, provides detailed data privacy and security provisions for safeguarding individual medical information (U.S. Department of Health & Human Services, n.d.). While sharing and collecting information using biometric devices can offer benefits such as saving time and allowing proactive intervention, it also increases the risks. In a workshop on Privacy and Security of the Internet of Things hosted by the Federal Trade Commission (FTC) in 2013, members acknowledged the pervasive nature of IoT and the serious privacy and security challenges that these sensors and biometric devices pose (FTC Staff, 2015). However, not all devices are HIPAA regulated and there are oversight gaps between data collected by devices that are HIPAA regulated and those that are not (U.S. Department of Health and Human Services, 2016). To ensure appropriate security and privacy protections, the Commission agreed to enforce laws, educate consumers, and engage with industry, academics, and consumer advocates (FTC Staff, 2015). There have also been calls for built-in security features within IoT biometric devices, for minimizing data transfer and storage, and for new privacy legislation (Laplante et al., 2018).
Saphiraweb: An open-source cloud platform for E-health analysis
Published in Instrumentation Science & Technology, 2020
Lucio Agostinho Rocha, Sandro Soares Almeida
The usage of cloud computing services to host personal data also involves security issues. According to the Health Insurance Portability and Accountability Act (HIPAA), all patients personally identifiable healthcare information that is stored, maintained, and transmitted must be done with privacy and confidentiality.[12] HIPAA stipulates controlled access policies and data encryption of patient information. Also, it specifies detailed administrative safeguards and implementation specifications in the areas of security management, workforce security, information access management, among others.[13]