Recent Supreme Court Decision Highlights Challenge Of Medical Record Privacy, State Health Reform

In March 2016, the Supreme Court ruled in a 6-2 decision that the federal Employee Retirement Income Security Act (ERISA), which regulates various employee benefits including employer-established health plans, preempts a Vermont law that requires self-funded employer health insurers to report specific types of health data to state databases.

In a new commentary, Tony Yang, associate professor of health administration and policy, and Brian Chen of the University of South Carolina’s Department of Health Services Policy and Management, examine how the Supreme Court’s decision impacts the future of health care data collection. The commentary is published in The American Journal of Managed Care.

While many see the decision as a positive move for medical privacy, the debate increases the focus on the challenges in maintaining patient privacy while informing state health care reform and in managing conflicting state and federal laws. The authors suggest there is a need for analysis of the risks and benefits of government-mandated health care databases and for improved technology that protects government-held health care data. Read the full commentary.