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Contrary to PHR Vendor Hype, Privacy Remains the "Elephant in the Room"

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A slew of recent stories offer clues to what would really chill widespread PHR adoption. Privacy issue just will not go away.

A few weeks ago I posted some commentary on the battle of Google vs. Microsoft in PHR arena. My thinking was that the motivation to use such tools could prove to be a bigger obstacle than privacy.

Looking at recent PHR coverage I would opine that privacy still might end up being the biggest issue after all. If anything as a key "de-motivator" of adoption, even if not spoken directly. Make no mistake, what PHR vendors say about their intentions does not matter. It is what consumers and providers hear.

So what DO they hear and what does this MEAN?

Reputation Wars, Terms of Use and The Strange Case of Dan Walter vs. Hugh Calkins

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The right to swing my fist ends where the other man's nose begins. A few thoughts on freedom of speech and our new Terms of Use.

Everyone who has followed this site knows that I have always been a staunch supporter of free speech. The culmination of the efforts to promote openness in healthcare was compilation of HealthTrain Manifesto almost 2 years ago.

A lot happened since then. We had many chances to see how such principles play out in the real world, what works and what does not. Unfortunately, sometimes free speech can go too far. The need for common-sense limitations was probably best put by Supreme Court Justice Oliver Wendell Holmes known for saying "The right to swing my fist ends where the other man's nose begins".

What were the specific events that prompted some re-thinking?

Can You Hold the Tide: Russert's Death News vs. AP Fair Use Rights vs. Health Record Adoption

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Recent stories highlight differences between the worlds of media and health records. As they warn: "Results may vary"

Today's New York Times has an interesting article, entitled: "Delaying News in the Era of the Internet ". They look into how the news of Tim Russert's death has spread on the Internet ahead of official release.

What I found intriguing are the comparisons of NBC with the King Canute the Great, who according to legend "tried to hold back the tide" almost a thousand years ago. Nowadays technology is the tide. Or is it always?

So let us look into what makes a tide and what does not

Book Review: How to Get Sued

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The book headline says it all: The lighter side of how "real life" becomes "real litigation"

I rarely do product reviews, but when J. Craig Williams of May It Please the Court blog fame, sent me his book I was intrigued. The title "How to Get Sued"appealed to my humorous side and begged for further investigation. How is this related to healthcare? In Craig's own words:

Since laughter is the best medicine, the whole book is health-related - but seriously, there are a few health-related stories in it that you will find of interest.

In my view the book is important since it sheds the light on the culture of litigation so integral to American society. Pretty much anything in life can lead to a lawsuit. Most people who work in healthcare could fully appreciate these issues.

So what are the most interesting points in the book?

"Medical Justice" Patient Gag Contracts: Not Just Dumb, But Illegal

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Asking patients to sign a contract promising to not rate their physicians could be illegal. Common sense ought to prevail.

The rise and impact of physician rating service has been a hot topic lately. In traditional media, blogosphere at large and this blog specifically.

Last year I wrote about an organization calling itself "Medical Justice". Their stated mission of "protecting physicians against frivolous lawsuits" is admirable. Unfortunately the ideas and methods are bound to sow distrust and undermine doctor patient relationship.

Anyways they are still making news, but there is a new twist:

Brand Tags: What Consumers Really Think

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An interesting experiment gathers unvarnished consumer perceptions of brands. Keywords speak lounder than surveys.

Reputation and branding are critical to every company that wants to sustain and grow business. However, how do you tell a successful brand from a tarnished one?

Traditionally PR professionals have run surveys, tracked press mentions and deployed similar measurement techniques. The problem with these approaches is difficulty in brand-by-brand comparison and bias introduced by question design.

Enter Brand Tags "collective brand perception experiment"

Google Health: Impressive Platform, Long and Hard Slog Ahead

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Google Health is finally released. Whether platform approach can beat the inherent flaws of PHR model remains to be seen.

Last week Google has finally proved its seriousness about healthcare by opening Google Health release to general public. I am not going to rehash the flurry of (mostly un-informed) coverage and instead offer a few observations.

After a thorough look, I have to say Google exceeded my expectations. In my view the service is far from taking the world of healthcare by storm. But unlike most everyone else, Google certainly has resources to carry on and they will probably keep on their "long hard slog" to dominate healthcare. They surely demonstrated their motivation to be a force for years to come.

So what kind of force are they really going to be?

Privacy Watchdogs Flex Muscle, Reshape "Wired for Health Care Quality Act"

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Are you an IT vendor who wants to punt on health privacy? Behold the power of privacy lobby as it rewrites a major act of Congress.

Earlier I have written on why PHR vendors are missing the boat on privacy and why disruptive innovation in regulated industries is so hard.

A few weeks later we have a powerful demonstration of both points, as Wired for Health Care Quality Act is undergoing the latest round of revisions in U.S. Senate. The summary and recent history of the bill (reported in iHealthBeat) shows than when in doubt politicians will listen to privacy watchdogs.

To rephrase and explain the substance and politics of key points:

Candidate Forum on California’s Healthcare Crisis for Assembly District 22

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How should The State of California approach healthcare reforms in the face of $20B budget gap? Submit questions for Assembly candidates!

Two months ago I wrote about joining a new Community Advisory Board of El Camino Hospital. Today I am happy to announce a first project produced by this body: a community forum on healthcare reform.

Califoria's legislative primary is coming up on June 3 and our Assembly District 22 is having a competitive primary (for presumed Democratic safe seat). The hospital is co-sponsoring "Ask-a-Candidate" forum. If you in the area consider attending in person or submiting your questions in comments.

What kind of questions will be debated?

The State of eHealth: Napster or iTunes? Harley or Segway?

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The legal woes of online genetic testing bring memories of digital music market ten years ago. Are these services ahead of their time?

A perennial challenge in technology markets is correctly guessing the timing of mass adoption. Big successes require being neither too late, when everything is locked up, nor too early, when the market is not ready to adopt innovation.

The more hard data I see on the state of online health innovation the more doubt I have about the chances of significant transformation happening in the near-term. Plenty of factors contribute to this conclusion. I wrote about the challenges with privacy and tepid user adoption. But there are bigger legal challenges.

What do companies like 23andme have in common with Napster?

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