Protected Health Information and Research

On January 11, 2018, the Office of the General Counsel sponsored an IAP on HIPAA and the use of protected health information (“PHI”) for academic research.

Colin Zick, a partner at the law firm of Foley Hoag LLP and expert in privacy and data issues provided a general primer on HIPAA and then addressed the specific topic of the use of PHI for academic research.  As explained by Mr. Zick during the presentation, contrary to popular belief HIPAA does not contain any prohibition on the sharing of PHI for research purposes.  Rather, HIPAA expressly provides for such disclosure under the following circumstances:  (1) where the PHI is de-identified (and therefore not subject to HIPAA’s Privacy Rule); (2) where the individual has specifically authorized the disclosure; (3) through a limited data set; or (4) where the appropriate Institutional Review Board has approved a waiver of authorization.   For more information on the use of PHI in research conducted at MIT, please refer to the HIPAA Guidance Document on the COUHES website.  If you have any questions or for additional guidance, please contact Jason Baletsa.