Hi Angelo,
Each jurisdiction will have laws governing eCommerce, the Internet and electronic records in general. There are very good reasons to do so, e.g., privacy, security, fraud prevention. Try this link:
http://library.lp.findlaw.com/articles/file/00323/000777/title/Subject/topic/Consumer%20Law_Consumer%20Protection/filename/consumerlaw_1_392
It applies to US law (codes that are adjudicated in court). If the link doesn't work try:
http://www.findlaw.com
This allows one to perform a search of the FindLaw database.
Try:
electronic+record+healthcare
This search should produce the following link:
http://corporate.findlaw.com/local.html
which requires a selection of 'state' or 'international'
The result is a 'marketing' oriented display but it does contain information on who is involved.
Try:
http://www4.law.cornell.edu/uscode/
for the U. S. Code (federal law). Note that there is a 'title' on 'Foreign Relations and Intercourse' but no 'title' on Healthcare. or Health. Use the search engine to search all of the US code (upper right-hand side of the web page).
Try searching for 'health'. Scan each page for 'record'
Reason: The search engine was used by the founding fathers and should have been replaced years ago.
You will probably not find an entry related to 'health' 'record'.
Hence, a Judge attempting to adjudicate a case involving electronic healthcare records would have no U. S. code to guide them.
Next is legislation (enactments of Congress)
Try:
http://www.wedi.org/public/articles/details~13.htm
HIPAA Legislation Information
HIPAA isn't going to resolve issues related to global electronic healthcare records. It is targeted toward the domestic US healthcare insurance industry with some provisions for Patients and Providers.
Deploying OpenEHR in the US will encounter HIPAA at the federal level and the separate legislative enactments of the 50 states and other special jurisdictions, e.g., the VA operates in its own world.
This can be characterized as a legal structure having incompatibilities with a global legal structure that would support global electronic healthcare records. Hence the suggestion that a uniform model code is needed suggesting what should or should not be included within the code and enactments of a particular jurisdiction.
The same would apply to other countries, e.g., asian and middle east.
Basically, the uniform model code would list what needs to be integrated into the code and legislative enactments. Start soon since these things do take a lot of time.
Hope this helps! Always consult a qualified attorney within the subject jurisdiction and have them explain it.
-Thomas Clark
angelo rossi mori wrote: