Manatt, Phelps & Phillips, LLP, a multidisciplinary, integrated professional services firm, announced the release of A Shared Responsibility: Protecting Consumer Health Data Privacy in an Increasingly Connected World. Manatt Health, the firm’s healthcare legal and consulting group, developed the white paper with the support of the Robert Wood Johnson Foundation to examine the gaps in existing health data privacy protections, the implications these gaps may have for consumers and healthcare industry stakeholders, and options for advancing a forward-looking data privacy framework.
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“Safeguards must be established in order to keep up with the collection and use of information that falls outside the bounds of current health privacy laws.”
Recent federal interoperability rules promise an unprecedented liberation of health data with app-based standards set to disrupt historical data silos, creating new pathways for the exchange of health information. At the same time, new payer and provider data-sharing requirements will equip consumers with an increasing amount of actionable information to guide their healthcare choices. However, as warned by health data privacy experts, the rapid increase in health data liquidity—while beneficial to consumers, patients and marketplace competition—is also outpacing the development of regulatory safeguards to protect the public.
“As the amount of available electronic health data continues to rapidly increase—and especially as the value of interoperable health data has been brought to the forefront by the COVID-19 pandemic—it is more critical than ever for the industry to develop a new framework that provides comprehensive privacy protections for consumers’ health information,” said Bill Bernstein, leader of Manatt Health. “Safeguards must be established in order to keep up with the collection and use of information that falls outside the bounds of current health privacy laws.”
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