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Patient Privacy In The Cloud: Why Congress Should Model Hipaa Enforcement Mechanisms After The Fca To Meet A New Wave Of Privacy Threats From The Implementation Of Cloud-Computing Technologies, Andrew M. Palanzi
Andrew M Palanzi
While Congress has taken an important step in amending HIPAA via the HITECH Act to include business associates under many of the provisions of the Privacy and Security Rules, they have ultimately failed to give HIPAA satisfactory enforcement mechanisms by not providing individuals with any course of action to protect their privacy, capping yearly fines at $1,500,000.00, and not requiring stricter enforcement by OCR. Because the Privacy and Security Rules act as the primary legal regulation for the protection of private, sensitive electronic medical records that are stored and transmitted on the cloud, it becomes imperative that these protections are …