Access to Health Information Sara Rosenbaum June 29, 2009 Who Holds Health Information? • Government – Public payers – Public health surveillance and regulatory agencies – Public providers of educational, social, health care services • Private interests – Hospitals, medical practices, other providers and corporations, in medical, administrative, and business records and repositories – Consumers and patients, in personal health records An Information Taxonomy • Above and below the “surface of the water” – Totally available to the public, no questions asked • public use information developed by a government agency from one or multiple information sources • information that a health care provider either elects to or is required by law to make available • Information that an individual elects to make available (pretty much nothing) – Available with permission and for certain uses, discretion exercised by information holder • Data use agreements entered into with government or private entities, at their discretion – Absolutely positively never available • Classified information except to authorized users Major Policy Questions Related to the Future of Health Information Use • What information should be publicly available? – – • Interaction with federal and state privacy laws Power of strong interests to keep much information out of the public eye, particularly the price actually paid for treatments, items, and services Should the government and/or private entities be incented to/required to enter into data use agreements where certain information is concerned? – – – – If so, in what shape should the information be, in terms of usability and identifiers, when it is made available? Who has access to the information that is assembled from an inquiry covered by a DUA, and for what purposes? What information can be re-disclosed to the public once the results of the inquiry are completed, and at what level of detail? Can the results be published and are they free from prior restraint? • Who gets to make these decisions? • The answers will likely depend on whether the purpose of the inquiry is – – – investigator-initiated research, government evaluation of health system cost and quality private operations