A federal court judge in Philadelphia is considering arguments in a lawsuit that contends that the new HIPAA privacy regulations are a “broad and serious” breach of Americans’ right to medical privacy. The suit, which takes on the federal Department of Health and Human Services, criticizes the new rules for not requiring health-care providers to obtain patients’ consent before sharing their medical information with third parties for research, marketing, billing, law enforcement and a host of other “routine purposes.” The judge heard arguments in December.“If someone has received psychotherapy for an emotional disorder or has a homosexual experience and says to their doctor, ’I really don’t want this information disclosed further,’ it goes out anyway,’” says James C. Pyles, the attorney representing the 18 plaintiffs, who include patients and doctors as well as organizations such as the American Association of Practicing Psychiatrists. The purpose of the suit, Pyles says, is to force HHS to return to HIPAA wording proposed by the Clinton administration, which required health-care entities to obtain patients’ consent before sharing their medical information with third parties.In court filings, HHS attorneys assert that the new rules adequately balance HIPAA’s demands for improving health-care efficiency via electronic records with protecting privacy. They say the consent requirement was removed from the regulations, which went into effect last April, because it “would have substantially delayed and interfered with the delivery of health-care services in a wide variety of circumstances.” The federal agency has previously noted that third parties that receive patient information must sign privacy agreements with the medical provider and abide by the same disclosure restrictions that providers must observe. However, as more health-care providers move toward electronic medical records that they can easily share via the Internet, the potential for abuse grows, Pyles says. “Remember that hospital in San Francisco,” he says, referring to the University of California at San Francisco Medical Center. The hospital sent patient records, via a subcontractor, to a medical transcriber in Pakistan. “That was a covered entity under the new HIPAA rules?and look what happened,” he says. “A clerk for the Pakistani business threatened to post that information online if she didn’t get [paid].” Related content brandpost Sponsored by G42 Understanding the impact of AI on society, environment and economy By Jane Chan Dec 03, 2023 4 mins Artificial Intelligence opinion Website spoofing: risks, threats, and mitigation strategies for CIOs In this article, we take a look at how CIOs can tackle website spoofing attacks and the best ways to prevent them. By Yash Mehta Dec 01, 2023 5 mins CIO Cyberattacks Security brandpost Sponsored by Catchpoint Systems Inc. Gain full visibility across the Internet Stack with IPM (Internet Performance Monitoring) Today’s IT systems have more points of failure than ever before. Internet Performance Monitoring provides visibility over external networks and services to mitigate outages. By Neal Weinberg Dec 01, 2023 3 mins IT Operations brandpost Sponsored by Zscaler How customers can save money during periods of economic uncertainty Now is the time to overcome the challenges of perimeter-based architectures and reduce costs with zero trust. By Zscaler Dec 01, 2023 4 mins Security Podcasts Videos Resources Events SUBSCRIBE TO OUR NEWSLETTER From our editors straight to your inbox Get started by entering your email address below. Please enter a valid email address Subscribe