The one real problem is companies, including hospitals, would not spend the money to protect your data without a law forcing them too.
I work with them every day. Very little money is spent because “its the right thing to do”.
The flip side of this equation is that doctor-patient privilege has been killed, tens of thousands of doctors have quit their practices because it was too expensive to comply with the data law, and dozens of federal agencies can now easily access anyone’s medical records.
The question must be asked: are we better off now? The answer is a profound “No!”
HIPAA and HITECH use the same awful logic as does gun control. They identified a problem, but then came up with a solution that neither even inhibits, much less ends, the problem, but creates a mountain of extremely expensive new problems on top of it.