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October 28, 2008

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Mark Frisse

There are several issues at work here.

First, the real concern RHIOS have is identity management. (Add to that the simple reality that there are very few operational RHIOs who could finance these capabilities). How can one be sure that the person accessing information is authentic or authorized?

Second, there is the issue of control. Health plans as intermediaries and provider organizations (e.g., individual hospitals or health systems) have a very different power relationship than a health information exchange that links individuals directly to a system of often-competing health care providers. It's a different dynamic.

In my own view, RHIOs are "proxies" for some future state where individuals can exert greater control over their health information. Such control, I believe, is the only real way out of our current predicament. But to make this happen, our Nation will have to be more systematic in creating an identity management process that makes information available to us but not to those who are not authorized. Banks, financial firms (e.g., e*Trade), and even PayPal have identity management systems that seem to work. Many of the commercial offerings (e.g., some Microsoft HealthVault apps and many others) also have the capability of achieving this aim. But these approaches are not commonplace and systematic. Issues of audit, remedy, and the like need to be worked out. So many who could in principle offer these services chose not to because of the maxim "first, do no harm."

Vince Kuraitis

HIPAA already recognizes that people have the legal right to access their own medical data. The practical problem is that today they means paper copies.

A state law that says "RHIOs don't have to give patients their data?" Now that's a public interest lawsuit in the making....

It's also public relations disaster for any public official that defends such an absurd law.

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