• The Milbank quarterly · Mar 2018

    Legal Barriers to the Growth of Health Information Exchange-Boulders or Pebbles?

    • Michelle M Mello, Julia Adler-Milstein, Karen L Ding, and Lucia Savage.
    • Stanford Law School.
    • Milbank Q. 2018 Mar 1; 96 (1): 110-143.

    AbstractPolicy Points: Historically, in addition to economic and technical hurdles, state and federal health information privacy laws have been cited as a significant obstacle to expanding electronic health information exchange (HIE) in the United States. Our review finds that over the past decade, several helpful developments have ameliorated the legal barriers to HIE, although variation in states' patient consent requirements remains a challenge. Today, health care providers' complaints about legal obstacles to HIE may be better understood as reflecting concerns about the economic and competitive risks of information sharing.© 2018 Milbank Memorial Fund.

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