Health Information Ownership: Legal Theories and Policy Implications

Lara Cartwright-Smith, Elizabeth Gray, and Jane Hyatt Thorpe · 19 Vand. J. Ent. & Tech. 2

Abstract

This Article explores the nature and characteristics of health information that make it subject to federal and state laws and the existing legal framework that confers rights and responsibilities with respect to health information. There are numerous legal and policy considerations surrounding the question of who owns health information, including whether and how to confer specific ownership rights to health information. Ultimately, a legal framework is needed that reflects the rights of a broad group of stakeholders in the health information marketplace, from patients to providers to payers, as well as the public’s interest in appropriate sharing of health information.