Re: Outlined HIPAA Process?
04-30-2012 05:44 PM
The HIPAA process is based on a legal interpretation of the statute, not an explicit provision of statute.
The basic underpinning of the process is an argument that, while medical information can permissibly be retained by parties collecting on a medical debt, once the debt is paid, that permissible purpose is gone, and thus requires deletion of any such retained information.
It is not discussed because it is not an explicit provision of statute, and thus is a legal interpretation reserved for members of the bar.
If and when case law affirms the legal validity of the underpinning assumption, there should be no reason to not discuss openly. But precedential case law does not currently exist.