In an article published in The Health Lawyer and ABA eSource, Nashville attorney Roy Wyman discusses the changes in privacy protection, caused by the coronavirus pandemic and technology changes, in the healthcare industry. In addition, Wyman provides an overview of HIPAA’s history, concerns with HIPAA’s current approach, and new strategies toward privacy and security.

Wyman explains that “in the 20 years since the release of the 'final' HIPAA privacy regulations, there have been revealed a myriad of weaknesses of the regulations. COVID-19 made the potential impact obvious and poignant in just a matter of weeks.

“Privacy and security requirements can be greatly improved,” explains Wyman. “Unfortunately, there is little reason to believe that any current proposals will materially improve HIPAA, nor is there reason to believe that they pose a likelihood of long-term success. The problem with these attempts is neither a lack of will, nor a lack of debate. The problem appears to be a lack of understanding and creativity. Legislators and agencies, working with stakeholders, can improve privacy and create room for progress, but only by taking a step back, bringing in unbiased experts in technology and human needs, and respecting the obligations each of us carries to value each other’s confidences, personhood and freedoms.”