This new law adds electronic prescription records and orders to the existing restrictions on sharing or copying such data (from which survey and opinion researchers are already partially exempt) and adds to the exemptions for HIPAA covered entities, business associates, and health care providers who are not covered entities, "for purposes of treatment, payment, or health care operations to the extent that disclosure is permitted or required by applicable State or federal law." It also now excludes from some confidentiality restrictions information that may identify someone suffering from AIDS, if used for research purposes.
This new law should have minimal impact on survey and opinion research.
This information is not intended and should not be construed as or substituted for legal advice. It is provided for informational purposes only. It is advisable to consult with private counsel on the precise scope and interpretation of any laws/regulation/legislation and their impact on your particular business.