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Comment & Response
December 11, 2018

Potential Harms of HIPAA—Reply

Author Affiliations
  • 1Institute for Healthcare Improvement, Boston, Massachusetts
  • 2Center for Patient Partnerships, University of Wisconsin Law School, Madison
JAMA. 2018;320(22):2379-2380. doi:10.1001/jama.2018.17199

In Reply The call by Mr and Dr Kels for more physician control and less external regulation of what information should be released is easy to understand given the current overreaching of HIPAA as (mis)interpreted by institutions. We doubt, however, that simply permitting organizations to release the information they wish to release will run counter to the forms of person-centered care that we espoused in our Viewpoint.1 It is our view that a person’s clinical information, including his or her medical records, ought to be viewed as belonging to the person and ought to be entirely under the person’s control. Hospitals that choose not to act in accord with that standard should be held accountable for their failure to do so.

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