I would just add to this discussion that there are times in the Privacy Rule
that the term "firewall" is used when the drafters clearly are not referring
to what is normally thought of as a "firewall" i.e. a piece of computer
equipment. This is especially true in the text surrounding requirements for
group health plans.
For instance, in the Preamble discussion of group health plans, Fed. Reg.
pg. 82508, it states that plan documents must be amended to among other
things: "provide adequate 'firewalls' to: identify the employees or classes
of employees who will have access to protected health information; restrict
access solely to the employees identified and only for the functions
performed on behalf of the group health plan; and provide a mechanism for
resolving issues of noncompliance." One of the concerns in the group health
plan context is safeguarding PHI from the employer so that it is not used
improperly i.e. employment decisions. Therefore they want certain barriers
or "firewalls" set up between the group health plan and the employer. In
this sense, "firewall" goes beyond the usual technical computer aspect.

Kevin Fairlie
Diekemper, Hammond, Shinners, Turcotte and Larrew, P.C.
7730 Carondelet, Suite 200
St. Louis, MO 63105
Phone: (314) 727-1015
Fax: (314) 727-6804



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