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Further Considerations: Conclusion

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conclusion

Further Considerations
In short, while the right of privacy with respect to personal health information is an
unsettled and evolving area of law, with the rapid increase in the electronic transmission of
such information, this is certainly an area ripe for litigation and resulting liability.
Health care providers should consider establishing and following written policies pertaining
to maintaining the confidentiality of their patients' personal health information. In addition,
providers should closely analyze their contracts with third party payors, since many of these
contracts disclaim liability for damages resulting from improper disclosure of personal
health information. These contracts should require payors to maintain the confidentiality of
health care information. Providers should also seek indemnification for losses attributable
to breaches of the confidentiality provisions.

It is imperative then, that the confidentiality of such information be maintained to


guarantee that the personnel’s request and demand are not unduly attained.

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