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Enacted on August 21, 1996, the Health Insurance Portability and Accountability Act (HIPAA) is expected to adapt to newer policies with the national data privacy proposal. If it is approved by the Senate, the health data of Americans may have better security. The legislation was proposed on July 20 last year by the American Data Privacy and Protection Act (ADPPA) and addressed the concerns around healthcare data privacy among others.
What the bill entails
The ADPPA proposed the bill that addresses the under-regulated areas of privacy by placing their vote resulting in 53-2.
The bill proposed to Congress reads, “The bill establishes consumer data protections, including the right to access, correct, and delete personal data. Prior to engaging in targeted advertising, the bill requires companies to provide individuals with a means to opt-out of such advertising.”
Several loopholes in the policies make room for breaking the privacy of patient data by companies, non-profits, and common carriers. Such information can get misused and linked to specific individuals in transit by third-party. This bill, if approved will have companies limit how they access patient information namely during the stages of collection, processing, and transfer of data. They would be required to seek the patient’s express consent before doing so.
Furthermore, it also proposes better security measures to be put in place for individuals that are under 17 years. There are some specifications about leaving other personal information as well to reduce discrimination based on protected characteristics. In case of a breach of privacy, victims will also have the option to file a civil action case for violation of the bill.
If the house passes it, followed by the Senate and the President, it will become a momentous law that will bind the states together with increased protection and make way for better security among people.
At present, the HIPAA law applies to certain personal data that lies with hospitals, health plans, contracted vendors, and doctors. This bill will allow the authorities to have a bigger hand in tackling data breach crimes where previously they were left out citing the limitations in the law. Patients have a right to privacy and the people of the states will see it implemented post-approval.
