The CMS'sproposal was intended to give patients data that is portable andcan move with them if they switch insurers or doctors.

A federal effort to bolster data-sharing between health caresystems and patients is getting pushback from doctors andhospitals, who express concerns about the implications for patientprivacy.

In February, the Centers for Medicare and Medicaid Services andthe National Coordinator for Health Information Technology released a proposed rule to require providersand insurers to put in place technological solutions that willallow patients easy access to their health care data. The idea wasfor patients to have data that is portable, and can move with themif they switch insurers or doctors.

Related: Easing regulations on patient data comes withrisks

Two prominent medical groups, however, have raised concernsabout the use of third party apps that could sell patient data.

"Once the information is out there, it's virtually impossible toget it back," said Barbara McAneny, a past president of theAmerican Medical Association. "The technological capability toimplement these controls exists. If ONC doesn't implement controls,it is making a policy decision to not prioritize privacy."

The AMA said it is not necessarily opposed to requiring moredata-sharing from providers, but that there need to be strictcontrols on how that information is shared, and with whom. Asproposed, the group argues, providers may be required to share datawith third party apps that are not governed by HIPPA.

The American Hospital Association said it wassimilarly disturbed by the potential for abuse.

"We are deeply concerned that third-party applications and toolsnot governed by HIPAA are increasingly accessing patient data andusing it in ways in which patients likely are unaware," said thehospital group in June. "Patients' data is their own, and noorganization, whether regulated by HIPAA or not, should be allowedto capitalize and monetize their data without the patient fullyunderstanding what is occurring and agreeing to it."

ONC director Donald Rucker has tried to tamp down fears of datatrafficking, arguing recently that patients can evaluate theprivacy protections offered by various apps. He told Modern Healthcare last week that he believed"most patients are actually going to be as protective of theirmedical information as they are of their banking information."

However, Rucker also acknowledged that it may not be realisticto expect the average patient to accurately assess an app's privacyprotections.

"I think we all realize that these end-user licensing agreementsthat we click through … don't really work in the modern world," hesaid to Modern Healthcare.

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