Question: Are you
aware of any topical databases for searching federal and state
healthcare laws? I am preparing to do a research study on a certain
health condition. I want to find out if there are any state or
federal guidelines concerning the use of a person's private medical
information. Where should I look? I really don't want to search all
50 states individually; instead, I would like to use a single
database or source that would point me to a few relevant laws.
Barmakian, a librarian at Harvard Law School library, Dana Rosenberg
with LegalWrite in Santa Barbara, California, and Rebecca Roth, a
librarian at Reed Smith LLP, respond.
my favorite source for state comparative questions is the
National Conference of
State Legislatures Web site. The section that might prove useful
for your question is entitled "HIPPA:
Impacts and Actions by States: Medical Record Privacy, Security and
Electronic Transactions." Note the
50 state survey on medical record privacy from the Health
Privacy Project. Dated 2002, it summarizes each state's laws on
medical records. You may display individual state summaries, or
download relevant pages from the report. The report provides
citations for the statutes so that you can double check the
accuracy and update it.
health privacy laws are not likely to differ significantly for
different health conditions (with the exception of pregnancy or
HIV-related conditions), the reader should find some of the
following resources helpful for starting the research.
by CCH provides legal information for insurance businesses. You
might also check the NAIC Models Laws (Westlaw) or the NAIC
Compendium of State Laws on Insurance Topics. The latter is
available directly from the NAIC.
You might also find help
from insurance trade associations such as the
American Council of
Life Insurers (ACLI), the
Compliance Association, or the
Life and Health
Compliance Organization. They also have compendiums on the
insurance privacy laws that might answer this question.