Challenges in Securing HIPAA
This paper is concerned with the review of the 2004 article “Inadequacy of HIPAA's Privacy Rule: The Plain Language Notice of Privacy Practices and Patient Understanding” by Marie C. Pollio. The author of the article is focused on various aspects that hinder the process of securing HIPAA as well as on numerous factors that result in breaches of the privacy and security of medical records, namely vague language and improper wording, legislative issues, lack of professionalism of the health care human resources, and inconsistency of HIPAA regulations.
Pollio starts the introduction of the article, stating that today the patients experience the aggravating adverse effects of the lack of privacy and security of the data that might reveal the details of their medical treatment. The vulnerability of the securing HIPAA leads to the lack of confidence, changes of providers, out-of-pocket payments, or overall negligence to one’s health and avoidance of the health care services as the patients do not want to entrust their personal medical records to some providers that might be insecure.
Although the introduction of HIPAA Privacy Rule is a self-evident asset in the maintenance of health care privacy and security, the scholar is still convinced that it brings a vast number of challenges. Pollio marks that this rule has seen a lot of critiques that denounce this piece of legislation, claiming that it is very broad and confusing that leads to the various misinterpretations of the rule itself. Also, the researcher points out that HIPAA Privacy Rule is “difficult to implement” and this challenge results in inescapable failures in securing the information privacy (Pollio, 2004, p.597).
According to Pollio, one of the major challenges in securing HIPAA derives from the “vague language” of the wording of the Privacy Rule (p.598). She exemplifies this statement, noting that sometimes the breaches in the confidentiality of electronic protected health information (ePHI) (Liu, Musen & Chou, 2015) might emerge due to the fact that the providers cannot determine whether or not it is rightful to disclose particular health information pertinent to the medical record of a certain patient. Consequently, a matter of purpose of a potential disclosure of the electronic protected health information is also a poignant issue in securing HIPAA as the rule itself is rather ambiguous and thus leads to numerous confusions and security breaches.
The next challenge that is concerned with the implementation of HIPAA is closely intertwined with the legislative aspects. Pollio recognizes that a vast number of confusions arise at the point of preemption. She marks that sometimes it is difficult to establish whether HIPAA Privacy Rule or state law surpass each other in particular cases.
Pollio also questions whether the HIPAA is really enforced in terms of the health care privacy and security. The scholar is deeply concerned with the implementation challenges of the HIPAA and doubts that it actually reaches the goals that are the baseline foundation of the rule. Pollio highlights numerous disclosures of sensitive information of the medical records that pertain to the …
