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January 23, 2020

Note: Justice Talking's grant funding expired in 2008 and the project has been closed. This website is an archive of the entire run of Justice Talking shows through June 30, 2008.
It is no longer being maintained. We apologize for any stale or broken links.
Featured Program

Photo by: Sonia J. Stamm
Healthcare or Hypocrisy: A Look at Patient Privacy
Last Featured: 1/12/2004

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Thought your medical records were private? Data files, chock full of personal medical information, at hospitals, HMOs, government agencies and elsewhere have been bought and sold for years. New federal rules on patient privacy are supposed to change all that. Supporters say the rules bar the release of information unless patients give consent. They boast that the changes are “the best thing to happen to privacy since the bedroom door.” Critics charge all this is more about hypocrisy than healthcare and point to loopholes they say codify unfettered sharing of sensitive information with the outside world.

Peter P. Swire is a law professor and director of the Washington D.C. Summer program at Ohio State University. From 1999 to 2001, he served as the Clinton Administration's Chief Counselor for Privacy, in the U.S. Office of Management and Budget. In that position, he coordinated policy on the use of personal information in the public and private sectors, and served as point person for privacy and data protection officials in other countries. He was White House coordinator for the HIPAA rules. He is also co-editor of the Cyberspace Law Abstracts of the Social Science Research Network.

Donna Boswell is a partner in the Health Group of Hogan & Hartson. She advises hospitals and academic medical centers on compliance issues raised by the HIPAA regulations. Before joining the firm, she was a professor at Wesleyan University and served as a legislative assistant in the U. S. Senate as a Congressional Fellow of the American Association for the Advancement of Science and the Society for Research in Child Development. Ms. Boswell earned her Ph.D. in psychology from Pennsylvania State University and her J.D. from the University of Pennsylvania. Ms. Boswell is a member of the American Health Lawyers Association and The Scientific Research Society of North America.

Closing Quote
"God bless the physician who warms the speculum or holds your hand and looks into your eyes. Perhaps one subtext of the health care debate is a yen to be treated like a whole person, not just an eye, an ear, a nose or a throat. A yen to be human again, on the part of patient and doctor alike."

— Anne Quindlan

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Special Announcements
Justice Talking’s last broadcast & podcast was June 30, 2008.
Health Insurance Portability And Accountability Act Of 1996
Office of Civil Rights, US Department of Health and Human Services
Impact of Research, US Department of Health and Human Services
HIPAA Glossary
Electronic Frontier Foundation
American Medical Association
Center for Medicare and Medicaid Services
Privacy Rights Clearinghouse
HIPAA Advisory/Phoenix Healthcare Systems
Institute for Health Freedom
HIPAA Comply
American Hospital Association
Health Privacy Project
The Law and Infectious Disease
Is There a Right to Health Care?
Have Health Officials Become the Diet Police?