Title
HIPAA's Privacy Rule: You Don't Know What They Can't Tell You
Abstract
The article critiques HIPAA from a law and economics perspective, examining the economics of privacy, the conditions of the health services market, whether HIPAA adequately addresses privacy concerns, and the costs and consequences of HIPAA. The author argues that although we may want to make certain tradeoffs in return for greater privacy protections, those mandated by the HIPAA regulations are not a net gain for patients, health care providers, insurers, or privacy advocates. Several alternatives for improving patient privacy are also offered, including outright repeal of HIPAA, a reform of the health care payment system, a more structured approach to privacy legislation, bolstering existing tort law, and development of a privacy insurance market.
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