AFFIRMATIVE EMPLOYMENT GENETIC SCREENING INHERENCY 297
HIPAA STATUTE IS INADEQUATE
THE HIPAA STATUTE DOES NOT ADEQUATELY PROTECT THE PRIVACY OF GENETIC INFORMATION IN THE STATUS QUO
Deron H. Brown, JD Candidate, Thomas Jefferson School of Law, Spring 2000; Thomas Jefferson Law Review, "Book Review: Privacy in the Information Age," EE2001-hxm lxnx
The language of HIPAA does not explicitly protect the privacy of genetic information. However, section 264 of the statute provides a mandate for the creation of standards for the protection of the [*594] confidentiality of individually identifiable health data. n97 On September 11, 1997, Secretary of the U.S. Department of Health and Human Services ("HHS") Donna E. Shalala testified before the Senate Committee on Labor and Human Resources, presenting a report n98 containing recommendations for federal standards regarding the protection of confidential medical information. n99 Her testimony discussed the gaps left by state laws regulating the confidentiality of medical data and the need for federal health care privacy standards. However, HHS's recommendations did not include specific provisions concerning genetic information in medical records. Acknowledging the "unique properties of genetic information," n100 particularly its use in prediction and its close connection to personal identity, the Secretary recommended the consideration of recent proposals for federal legislation concerning genetic privacy. These proposals are discussed in the section below.