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Expert Analysis

Privacy Takes A Backseat To Whistleblowing Under HIPAA

By Steve Sozio and Katie Miler Schilling (September 25, 2017, 1:03 PM EDT) -- The Health Insurance Portability and Accountability Act allows whistleblowers, who are usually employees or business associates of a covered entity, to take the very information HIPAA aims to protect and disclose it to private lawyers, without first exhausting internal reporting options, and often with the intention to bring highly lucrative qui tam lawsuits. This exception conflicts with HIPAA's stated goals of protecting patients and presents a serious risk to patient privacy. HIPAA should be amended to require that employees and others first exhaust all internal reporting options...

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