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Regulatory Disruption and Arbitrage in Health-Care Data Protection

Terry, Nicolas P.
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Yale Journal of Health Policy, Law, and Ethics
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Abstract
This article explains how the structure of U.S. health-care data protection (specifically its sectoral and downstream properties) has led to a chronically uneven policy environment for different types of health-care data. It examines claims for health-care data protection exceptionalism and competing demands such as data liquidity. In conclusion, the article takes the position that health­ care-data exceptionalism remains a valid imperative and that even current concerns about data liquidity can be accommodated in an exceptional protective model. However, re-calibrating our protection of health-care data residing outside of the traditional health-care domain is challenging, currently even politically impossible.
URI
http://hdl.handle.net/20.500.13051/5941