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Health Law and Policy

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Health Insurance Portability and Accountability Act of 1996

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Full-Text Articles in Law

My Patient Or Law Enforcement, Who Gets First Say?, Hollis T, Redden Apr 2024

My Patient Or Law Enforcement, Who Gets First Say?, Hollis T, Redden

Arkansas Law Notes

Law enforcement is often left struggling with determining how to appropriately respond to nurses who refuse their request to collect a suspect’s blood when that patient is suspected of intoxicated driving and the officer has a valid search warrant. These scenarios trigger compliance issues including a patient’s right to privacy and consent, “particularly when a medical entity’s compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) provisions directly conflicts with law enforcement needs and goals.” Once a suspect becomes a patient, whose interest prevails? Is it healthcare providers’ interest in abiding by the rights, health, and safety …


Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra Jan 2016

Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra

Faculty Scholarship

No abstract provided.


Not So Hip?: The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Benjamin K. Hoover Apr 2010

Not So Hip?: The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Benjamin K. Hoover

Law Student Publications

The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) governs the management of protected health information (“PHI”) by covered entities (e.g., health care providers) and their business associates. However, the Health Information Technology for Economic and Clinical Health Act (“HITECH”), contained within the American Recovery and Reinvestment Act of 2009, drastically alters the scope of HIPAA regulations with regard to business associates, including law firms that routinely handle the PHI governed by HIPAA. Under the HITECH Act, the definition of “business associate” is expanded, and these entities are treated as “covered” for purposes of the HIPAA security regulations; this …