>"The study shows that states that have enacted medical privacy laws
>restricting the ability of hospitals to disclose patient information have
>seen a reduction in EMR adoption by 11 percent over a three-year period or
>24 percent overall. States with no such regulations, on the other hand,
>experienced a 21 percent gain in hospital EMR adoption."
>http://shrinkster.com/17rv

This 'study' which has been cited in over 40 articles published in numerous
sources since April of 2009 is rather interesting.

It was first published in 2007, and revised in February 2009 and last
published in April of 2009.  It is based on data collected between 1996 and
2003, with a few added factors from later dates, but none that were
represented as data points in the analysis.   This in itself raises a lot of
question on this, and other similar scholarly studies, given the lag time
between data collection and publication, and the time to publication.

The conclusion was revised (in 2009) to discuss how the data collected could
potentially hinder the adoption of a National Health IT network by 2014
based on the patchwork of privacy laws in a variety of states, and that
decisions would need to be made on the acceptance of reasonable amounts of
risk to privacy for a successful deployment.  This revision was made after
the ARRA funds were allocated to help with adoption of EHR/EMR.

I guess all of this taken into account, the question still remains WHO MAKES
THE DECISION as to what is 'acceptable' for this information and whether or
not we as the parties who the information is related to (but not the owners
of the information) are involved in this decision or not.

Larry
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