HR 1057 IH

106th CONGRESS

1st Session

H. R. 1057

To provide individuals with access to health information of which they are a subject, ensure personal privacy with respect to health-care-related information, impose criminal and civil penalties for unauthorized use of protected health information, to provide for the strong enforcement of these rights, and to protect States' rights.

IN THE HOUSE OF REPRESENTATIVES

March 10, 1999

Mr. MARKEY (for himself, Mr. MCDERMOTT, Mr. FROST, Ms. KAPTUR, Mr. MOAKLEY, Ms. ROYBAL-ALLARD, Mr. NADLER, Mr. FRANK of Massachusetts, Mr. CROWLEY, Mr. GREEN of Texas, Mr. MCGOVERN, Mr. LUTHER, Mr. SANDERS, Mr. MASCARA, Mr. BROWN of California, Mr. ROMERO-BARCELO, Mr. DELAHUNT, Mr. DEFAZIO, Mr. CAPUANO, Mr. STARK, Mr. STRICKLAND, and Ms. LOFGREN) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To provide individuals with access to health information of which they are a subject, ensure personal privacy with respect to health-care-related information, impose criminal and civil penalties for unauthorized use of protected health information, to provide for the strong enforcement of these rights, and to protect States' rights.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

TITLE I--INDIVIDUALS' RIGHTS

Subtitle A--Access to Protected Health Information by Subjects of the Information

Subtitle B--Establishment of Safeguards

TITLE II--RESTRICTIONS ON USE AND DISCLOSURE

TITLE III--OFFICE OF HEALTH INFORMATION PRIVACY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Subtitle A--Designation

Subtitle B--Enforcement

CHAPTER 1--Criminal Provisions

CHAPTER 2--Civil Sanctions

TITLE IV--MISCELLANEOUS

SEC. 2. FINDINGS.

SEC. 3. PURPOSES.

SEC. 4. DEFINITIONS.

of the individual who is the subject of such information).

TITLE I--INDIVIDUALS' RIGHTS

Subtitle A--Access to Protected Health Information by Subjects of the Information

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

SEC. 102. SUPPLEMENTS TO PROTECTED HEALTH INFORMATION.

to include a copy of this refusal in his or her health record.

SEC. 103. NOTICE OF PRIVACY 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. AUTHORIZATIONS FOR DISCLOSURE OF PROTECTED HEALTH INFORMATION FOR TREATMENT AND PAYMENT.

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

with respect to the subject of the information without a separate authorization permitting such a disclosure.

SEC. 204. EMERGENCY CIRCUMSTANCES.

SEC. 205. PUBLIC HEALTH.

SEC. 206. PROTECTION AND ADVOCACY AGENCIES.

SEC. 207. OVERSIGHT.

SEC. 208. DISCLOSURE FOR LAW ENFORCEMENT PURPOSES.

SEC. 209. NEXT OF KIN AND DIRECTORY INFORMATION.

SEC. 210. HEALTH RESEARCH.

SEC. 211. JUDICIAL AND ADMINISTRATIVE PURPOSES.

SEC. 212. INDIVIDUAL REPRESENTATIVES.

SEC. 213. PROHIBITION AGAINST RETALIATION.

TITLE III--OFFICE OF HEALTH INFORMATION PRIVACY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Subtitle A--Designation

SEC. 301. DESIGNATION.

Subtitle B--Enforcement

CHAPTER 1--CRIMINAL PROVISIONS

SEC. 311. 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. 312. DEBARMENT FOR CRIMES.

and debarment actions taken by the Attorney General under this section.

CHAPTER 2--CIVIL SANCTIONS

SEC. 321. CIVIL PENALTY.

SEC. 322. PROCEDURES FOR IMPOSITION OF PENALTIES.

SEC. 323. CIVIL ACTION BY INDIVIDUALS.

TITLE IV--MISCELLANEOUS

SEC. 401. RELATIONSHIP TO OTHER LAWS.

SEC. 402. EFFECTIVE DATE.

END