Patient Consent to Use of Data: Are We Asking the Wrong Question?

I spoke yesterday at the StrataRx conference in Boston, as part of the data liquidity track. This was sort of a blue sky presentation (as you can tell from the first slide); the thought was to explore the notion of building big data analytics on top of a data store populated by health record information obtained as a result of patient requests. Why? Because doing it that way would bring the data out from under HIPAA and HITECH regulations. Patients could contribute as much or as little of the data as they wish, patients could be compensated for their contributions, and other pesky HIPAA restrictions would fall by the wayside. I used one company's newly-announced service as an example, but there are others in this space as well.

I enjoyed many other presentations, hours of informal hallway and lunchtime conversation (including a great "birds of a feather" lunch table discussion about capturing data streams from wearable sensors hosted by Rachel Kalmar of Misfit Wearables), and catching up with folks I don't get to see often enough in real life.

UPDATE 10/7/2013: See Brian Eastwood's piece covering my presentation and that of Khaled El-Emam at Solving Healthcare's Big Data Analytics Security Conundrum.

Check out the Storify of the livetweeting from my presentation:

David Harlow
The Harlow Group LLC
Health Care Law and Consulting