Hi Thomas,

Thomas Clark wrote:

/snip/

> It was enacted to keep the payers happy and not the Patients.

I've studied both the HIPAA regs and the Preambles and come away with a
completely different impression.  It's probably OT for the list but I'd be
interested in going offline to get your perspective on this.  I've included
my email address below.

/snip/

> BTW: Findlaw is used as a reference, however bad, for the current state
> of the interpreted law within the US.

I know.  That's why I felt compelled to write the editors about the article.

> Your response is right on and should illustrate the need for a Uniform
> Model Code for ElHRs especially since this scenario will be repeated in
> many countries across the globe.
>
> If the US can have national and international model codes for Commerce
> it should have the same for Healthcare and EHRs. In essence the
> governments need a guiding light lest they visit another one like HIPAA
> on the populace!

With respect to the US, I don't disagree about the need for uniform
treatment and definitions.  HIPAA is, IMO, a good start on that.  Not
perfect by any means, but at least it raises the debate to the national
level.  HHS has charged HL7 and HIMSS with taking the next step; identifying
those things (functions and data) that are essential vs. desirable
components of an EHR system.  I think, though, that we should expect these
things to evolve over time.  The debate has just started.

With respect to the international scene, I respectfully disagree about the
desirability of a uniform set of rules.  The norms and mores of a medical
community must be in synch with those of the larger culture within which
that community exists.  I value diversity as a generator of alternative,
competing solutions.

Best regards,
Bill
bill.walton at jstats.com

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