Challenging Themes in American Health Information Privacy and the Public's Health: Historical and Modern Assessments

Hodge J. G. Jr. Gostin L. , and Jacobson P. , “Legal Issues Concerning Electronic Health Information,” JAMA 282 (1999): 1466–1471.

Gostin L. Hodge J. G. Jr. , “Personal Privacy and Common Goods: A Framework for Balancing Under the National Health Information Privacy Rule,” Minnesota Law Review 86 (2002): 1439–1480.

Pub. L. No. 104-191, 110 Stat. 1936 (1996).

Gregory J. , John Gregory's Writings, McCullough L.B. , ed., “Observations on the Duties and Offices of a Physician,” (Boston: Kluwer Academic Publishers, 1998): at 105.

Code of Medical Ethics of the American Medical Association (1847): chapter 1, art. 1, § 2, at <http://www.ama-assn.org/ama/upload/mm/369/1847code.pdf> (last visited October 7, 2004).

Breckenridge A.C. , The Right to Privacy, from appendix, Warren S.D. and Brandeis L.D. , “The Right to Privacy” (Lincoln: University of Nebraska Press, 1970): at 131–152.

Westin Alan F. , “Privacy Rights and Responsibilities in the Next Era of the Information Age” in Firestone C.M. and Schement J.R. , eds., Toward an Information Bill of Rights and Responsibilities. (Washington D.C.: The Aspen Institute, 1995): At 79.

Dublin L.I. , The Reporting of Disease, The Next Step in Life Conservation, Addresses Presented to Association of Life Insurance Presidents (5 June 1914), From appendix: “A Model State Law for Morbidity Reports” (16 June 1913).

Dublin L.I. , The Reporting of Disease, The Next Step in Life Conservation, Addresses Presented to Association of Life Insurance Presidents (5 June 1914), From appendix: “A Model State Law for Morbidity Reports” (16 June 1913) § 3.

Dublin L.I. , The Reporting of Disease, The Next Step in Life Conservation, Addresses Presented to Association of Life Insurance Presidents (5 June 1914), From appendix: “A Model State Law for Morbidity Reports” (16 June 1913) § 13.

Dublin L.I. , The Reporting of Disease, The Next Step in Life Conservation, Addresses Presented to Association of Life Insurance Presidents (5 June 1914): at 3–5.

Hanson W.C. , Manual Relating to The Powers and Duties of The State Inspectors of Health of Massachusetts (Boston: Wright and Potter Printing Co., State printers, 1908); Iowa State Board of Health, Code of Rules and Regulations for the Protection of the Public Health and for the Restriction and Prevention of Contagious and Infectious Diseases (1907); Iowa State Board of Health, Rules and Regulations of the Iowa State Department of Health Relating to Reportable Diseases (Des Moines: The State of Iowa, 1926).

Hanson W.C. , Manual Relating to The Powers and Duties of The State Inspectors of Health of Massachusetts (Boston: Wright and Potter Printing Co., State printers, 1908): at 9; Iowa State Board of Health, Code of Rules and Regulations for the Protection of the Public Health and for the Restriction and Prevention of Contagious and Infectious Diseases (1907): Rule 2; Iowa State Board of Health, Rules and Regulations of the Iowa State Department of Health Relating to Reportable Diseases (Des Moines: The State of Iowa, 1926): § IV, 1, C.

Rohrer C.W.G. , On the Reporting of Communicable Diseases (Baltimore: Maryland State Department of Health, 1913): at 1.

Rohrer C.W.G. , On the Reporting of Communicable Diseases (Baltimore: Maryland State Department of Health, 1913): at 8.

Rohrer C.W.G. , On the Reporting of Communicable Diseases (Baltimore: Maryland State Department of Health, 1913): at 1–6.

Rosen G. , From Medical Police to Social Medicine: Essays on the History of Health Care (New York: Science History Publications, 1974): at 248.

Hanson W.C. , Manual Relating to The Powers and Duties of The State Inspectors of Health of Massachusetts (Boston: Wright and Potter Printing Co., State printers, 1908): at 6.

Georgia , Georgia Health Laws and Rules and Regulations of State Board of Health (Atlanta: State of Georgia, Dept. of Public Health, 1946): § 11.

Trials of War Criminals before the Nuremberg Military Tribunals under Control Council Law No. 10, Vol. 2, pp. 181–182. (Washington, D.C.: U.S. Government Printing Office, 1949): article 1.

Department of Health, Education and Welfare, “Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research: Report of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research,” at <http://www.med.umich.edu/irbmed/ethics/belmont/BELMONTR.HTM#respect> (last visited October 7, 2004).

Faden R.R. Beauchamp T.L. , in collaboration with King N.M.P. , A History and Theory of Informed Consent (New York: Oxford University Press, 1986): at 86.

Faden R.R. Beauchamp T.L. , in collaboration with King N.M.P. , A History and Theory of Informed Consent (New York: Oxford University Press, 1986): at 9.

As quoted in R.R. Faden, T.L. Beauchamp, in collaboration with King N.M.P. , A History and Theory of Informed Consent (New York: Oxford University Press, 1986): at 40.

Westin Alan F. , “Privacy Rights and Responsibilities in the Next Era of the Information Age,” in Firestone C.M. and Schement J.R. , eds. Toward and Information Bill of Rights and Responsibilities (Washington D.C.: The Aspen Institute, 1995): At 91.

Westin Alan F. , “Privacy Rights and Responsibilities in the Next Era of the Information Age,” in Firestone C.M. and Schement J.R. , eds. Toward and Information Bill of Rights and Responsibilities (Washington D.C.: The Aspen Institute, 1995): At 92.

10 CFR §745.116 (5) (1991).

National Social Welfare Assembly, Committee on Confidentiality, Confidentiality in Social Services to Individuals; An Examination of Basic Concepts and Everyday Practices, with Suggestions for Overcoming Current Problems (New York, 1958): 29.

Faden R.R. Beauchamp T.L. , in collaboration with King N.M.P. , A History and Theory of Informed Consent (New York: Oxford University Press, 1986): at 41.

Centers for Disease Control and Prevention, “HIPAA Privacy Rule and Public Health: Guidance from the Centers for Disease Control and the Department of Health and Human Services,” Morbidity and Mortality Weekly Report 52 (Supp.) (2003): 1–20.

Hodge J. G. Jr. “Health Information Privacy and Public Health,” Journal of Law, Medicine, & Ethics 31, no. 4 (2004): 663–671.

45 C.F.R. § 160.103.

45 C.F.R. § 164.501.

45 C.F.R. § 164.514(a)(b).

45 C.F.R. § 164.501.

45 C.F.R. § 164.514(a)(b).

45 C.F.R. § 164.520.

45 C.F.R. §164.530.

45 C.F.R. § 164.530(b)(1).

45 C.F.R. § 164.530(a)(1).

45 C.F.R. § 164.528.

Hodge , supra note 33.

Centers for Disease Control and Prevention, supra note 32.

Hodge , supra note 33.

Hanson , supra note 13; Iowa State Board of Health, supra note 13.

64 Fed Reg. 59929, Nov. 3, 1999.

Hodge , supra note 33.

45 C.F.R. §§ 164.524, 164.526.

Centers for Disease Control and Prevention, supra note 32.

Gostin & Hodge , supra note 2.

Hodge , supra note 33.

Gostin & Hodge , supra note 2.

45 C.F.R. § 164.508(c).

45 C.F.R. § 164.502(a)(2).

45 C.F.R. § 164.506.

45 C.F.R. § 164.512(f).

45 C.F.R. § 164.512(e).

45 C.F.R. § 164.502(g)(3).

45 C.F.R. § 164.510.

Hodge Gostin & Jacobson , supra note 1.