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So, what changes should be made to the HIPAA law, or its enforcement, so that it can actually do what it?s designed to do?
Simple:
a) require auditable tracking of all copies of individual health records;
b) give individuals the right to demand the verifiable return of all copies of their health records;
c) Attach a right of private action with adequate statutory damages (~$10,000 per may be enough) for violations;
d) These rights not waivable through contract.
Don't mandate means, mandate ends. If the idea is to give people control of their own health records, put that into law, not some Byzantine maze of procedures.
A bone to the practitioners: if a patient exercises (a), the burden of proof in any malpractice case shifts to the patient (after all, a practitioner can't prove his innocence from records that he has been forced to destroy.) - Posted by: Yagotta B. Kidding Posted on: 09/13/07 You are currently: a Guest | Members login | Terms of Use
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