We are very pleased to welcome Dana Darst, a Master of Science in Jurisprudence candidate in Health Law and Intellectual Property Law here at Seton Hall, to the blog today. In recent years, biopharmaceutical research and development organizations have established partnerships with academic institutions and start-up biotechnology companies to drive external innovation, complementary to their own […]
What will New York Court of Appeals protect: your Medical Records from Disclosure or Hospitals from Liability?
Doctors and other healthcare providers are charged with an ethical duty to maintain patient confidentiality and protect sensitive medical information from an unnecessary disclosure. Such duty is based on an individual’s right to privacy and on the general principle that people seeking medical help should not be hindered or inhibited by fear that their medical […]
Today the Supreme Court will hear oral arguments in IMS Health v. Sorrell. The case pits medical data giant IMS Health (and some other plaintiffs) against the state of Vermont, which restricted the distribution of certain “physician-identified” medical data if the doctors who generated the data failed to affirmatively permit its distribution.* I have contributed […]
In an article entitled “Monitoring America,” Dana Priest and William Arkin describe an extraordinary pattern of governmental surveillance. To be sure, in the wake of the attacks of 9/11, there are important reasons to increase the government’s ability to understand threats to order. However, the persistence, replicability, and searchability of the databases now being compiled […]
On January 16, 2009, the Department of Health and Human Services (HHS) and CVS entered into a resolution agreement requiring CVS to pay a $2.25 million fine and implement a corrective action plan for “potential violations of the HIPAA [The Health Insurance Portability and Accountability Act of 1996] privacy rule.” Why? CVS had allegedly been […]