S 578 IS

106th CONGRESS

1st Session

S. 578

To ensure confidentiality with respect to medical records and health care-related information, and for other purposes.

IN THE SENATE OF THE UNITED STATES

March 10, 1999

Mr. JEFFORDS (for himself and Mr. DODD) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions


A BILL

To ensure confidentiality with respect to medical records and health care-related information, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

TITLE I--INDIVIDUAL'S RIGHTS

Subtitle A--Review of Protected Health Information by Subjects of the Information

Subtitle B--Establishment of Safeguards

TITLE II--RESTRICTIONS ON USE AND DISCLOSURE

TITLE III--SANCTIONS

Subtitle A--Criminal Provisions

Subtitle B--Civil Sanctions

TITLE IV--MISCELLANEOUS

SEC. 2. FINDINGS.

SEC. 3. PURPOSES.

health information without impeding the delivery of high quality health care;

SEC. 4. DEFINITIONS.

TITLE I--INDIVIDUAL'S RIGHTS

Subtitle A--Review of Protected Health Information by Subjects of the Information

SEC. 101. INSPECTION AND COPYING OF PROTECTED HEALTH INFORMATION.

is not required to permit the inspection or copying of protected health information if any of the following conditions are met:

SEC. 102. AMENDMENT OF PROTECTED HEALTH INFORMATION.

SEC. 103. NOTICE OF CONFIDENTIALITY PRACTICES.

Subtitle B--Establishment of Safeguards

SEC. 111. ESTABLISHMENT OF SAFEGUARDS.

SEC. 112. ACCOUNTING FOR DISCLOSURES.

TITLE II--RESTRICTIONS ON USE AND DISCLOSURE

SEC. 201. GENERAL RULES REGARDING USE AND DISCLOSURE.

SEC. 202. PROCUREMENT OF AUTHORIZATIONS FOR DISCLOSURE OF PROTECTED HEALTH INFORMATION FOR TREATMENT, PAYMENT, AND HEALTH CARE OPERATIONS.

SEC. 203. AUTHORIZATIONS FOR DISCLOSURE OF PROTECTED HEALTH INFORMATION OTHER THAN FOR TREATMENT, PAYMENT, OR HEALTH CARE OPERATIONS.

SEC. 204. NEXT OF KIN AND DIRECTORY INFORMATION.

SEC. 205. EMERGENCY CIRCUMSTANCES.

SEC. 206. OVERSIGHT.

SEC. 207. PUBLIC HEALTH.

SEC. 208. HEALTH RESEARCH.

SEC. 209. DISCLOSURE IN CIVIL, JUDICIAL, AND ADMINISTRATIVE PROCEDURES.

SEC. 210. DISCLOSURE FOR LAW ENFORCEMENT PURPOSES.

SEC. 211. DISCLOSURES FOR POSTMARKETING ADVERSE EXPERIENCE REPORTING FOR HUMAN DRUG AND LICENSED BIOLOGICAL PRODUCTS.

SEC. 212. PAYMENT CARD AND ELECTRONIC PAYMENT TRANSACTION.

SEC. 213. STANDARDS FOR ELECTRONIC DISCLOSURES.

SEC. 214. INDIVIDUAL REPRESENTATIVES.

of the individual to authorize disclosure under this Act may be exercised and discharged in the best interest of the individual by--

SEC. 215. LIMITED LIABILITY FOR LAW ENFORCEMENT OFFICERS.

SEC. 216. NO LIABILITY FOR PERMISSIBLE DISCLOSURES.

TITLE III--SANCTIONS

Subtitle A--Criminal Provisions

SEC. 301. WRONGFUL DISCLOSURE OF PROTECTED HEALTH INFORMATION.

`CHAPTER 124--WRONGFUL DISCLOSURE OF PROTECTED HEALTH INFORMATION

`Sec.

`2801. Wrongful disclosure of protected health information.

`Sec. 2801. Wrongful disclosure of protected health information

2801'.

SEC. 302. DEBARMENT FOR CRIMES.

Subtitle B--Civil Sanctions

SEC. 311. CIVIL PENALTY.

SEC. 312. PROCEDURES FOR IMPOSITION OF PENALTIES.

to be represented by counsel, to present witnesses, and to cross-examine witnesses against the person.

for the modification or setting aside of the original order, shall be conclusive.

SEC. 313. REPORT ON USE OF EXISTING ENFORCEMENT MECHANISMS.

SEC. 314. CIVIL ACTION BY INDIVIDUALS.

TITLE IV--MISCELLANEOUS

SEC. 401. RELATIONSHIP TO OTHER LAWS.

SEC. 402. EFFECTIVE DATE.

END