Courts and agencies still cite confidentiality and HIPAA as one of the primary reasons that they cannot or will not share information. HIPAA (“Health Insurance Portability and Accountability Act”) was first enacted in 1996, but it was the April 2003 compliance dates for “covered entities” that raised concerns about improper data-sharing. While its primary purpose may have been to protect health insurance coverage for workers and their families when they change or lose jobs, could a child welfare agency be fined for sharing health information with the courts? As we share case-level data between courts and child welfare more and more, we’re re-experiencing the trauma of HIPAA in the electronic world.
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