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The Role of Institutions and Policy Processes in Defining Health Information Privacy Frameworks in the United States and Canada

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Abstract:

Policies addressing health information privacy are important due to the damaging effects of inappropriate disclosure, and also because they revive long-standing controversies, such as prevalence of individual rights over group interests, trust in various levels of government, and the degree of governmental involvement in protecting citizens’ rights and regulating businesses.

Both Canada and the United States offer a multi-level framework of privacy protections resulting from legal precedent (common law), state/provincial laws and regulations, and federal legislation. In Canada, the federal privacy law, PIPEDA, fully implemented in January 2004 is viewed as an unprecedented intrusion into traditional provincial domains, such as regulating physicians’ practices. In the United States, HIPAA’s final health privacy rule, with a 2003-2004 implementation deadline and also disputed in courts, is complicated by partial preemption mechanisms that make uncertain the applicability of state legislation.

This study brings together issues of health law and policy development. Using legislative summaries, interest group positions, media coverage data and public opinion polls, this study will discuss sources of health information privacy protection in Canada and the United States, and analyze the policy development processes, emphasizing the role of political institutions and national culture in defining the policy directions followed by the two nations.

Most Common Document Word Stems:

health (255), privaci (229), inform (197), legisl (86), medic (83), protect (82), hipaa (78), patient (74), feder (73), canadian (72), person (71), state (68), regul (63), polici (63), provid (62), law (62), rule (62), care (61), use (59), public (58), canada (55),

Author's Keywords:

health information privacy, policy processes, health policy, Canada, United States, institutions and culture in policy development
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MLA Citation:

Vlaicu, Sorina. and Crist, William. "The Role of Institutions and Policy Processes in Defining Health Information Privacy Frameworks in the United States and Canada" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL, Sep 02, 2004 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p61543_index.html>

APA Citation:

Vlaicu, S. O. and Crist, W. K. , 2004-09-02 "The Role of Institutions and Policy Processes in Defining Health Information Privacy Frameworks in the United States and Canada" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p61543_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Policies addressing health information privacy are important due to the damaging effects of inappropriate disclosure, and also because they revive long-standing controversies, such as prevalence of individual rights over group interests, trust in various levels of government, and the degree of governmental involvement in protecting citizens’ rights and regulating businesses.

Both Canada and the United States offer a multi-level framework of privacy protections resulting from legal precedent (common law), state/provincial laws and regulations, and federal legislation. In Canada, the federal privacy law, PIPEDA, fully implemented in January 2004 is viewed as an unprecedented intrusion into traditional provincial domains, such as regulating physicians’ practices. In the United States, HIPAA’s final health privacy rule, with a 2003-2004 implementation deadline and also disputed in courts, is complicated by partial preemption mechanisms that make uncertain the applicability of state legislation.

This study brings together issues of health law and policy development. Using legislative summaries, interest group positions, media coverage data and public opinion polls, this study will discuss sources of health information privacy protection in Canada and the United States, and analyze the policy development processes, emphasizing the role of political institutions and national culture in defining the policy directions followed by the two nations.

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Associated Document Available Political Research Online

Document Type: .pdf
Page count: 49
Word count: 24101
Text sample:
The Role of Institutions and Policy Processes in Defining Health Information Privacy Frameworks in the United States and Canada Prepared for delivery at the 2004 Annual Meeting of the American Political Science Association September 2 - September 5 2004. Copyright by the American Political Science Association SORINA O. VLAICU MD MPH PhD Assistant Professor Department of Epidemiology and Biostatistics / Department of Political Science The University of Western Ontario Kresge Building London ON N6A 5C2 Canada (519) 661-2111 ext.
3 (Ottawa Canada: 30 November 1999) 35. 182 Ibid note 8 36 183 Ibid note 8 36 184 Ibid note 2 1 185 Ibid note 1 35 186 Ibid note 2 2 187 Ibid note 1 35 188 Ibid note 2 2 189 Ibid note 1 3 190 Ibid note 8 2 191 Ibid note 8 3 192 Ibid note 1 2 193 Ibid note 1 6 194 "Organizations in the Province of Alberta Exemption Order" Canada Gazette 138


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