Bill Summary & Status for the 106th Congress

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H.R.2878
Sponsor: Rep McDermott, Jim(introduced 9/15/1999)
Latest Major Action: 10/8/1999 Referred to House subcommittee
Title: To protect the privacy of health information in the age of genetic and other new technologies, and for other purposes.
Jump to: Titles, Status, Committees, Related Bill Details, Amendments, Cosponsors, Summary

TITLE(S):  (italics indicate a title for a portion of a bill)
STATUS: (color indicates Senate actions)
9/15/1999:
Referred to the Committee on Commerce, and in addition to the Committee on Government Reform, 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.
9/15/1999:
Referred to House Commerce
10/8/1999:
Referred to the Subcommittee on Health and Environment.
9/15/1999:
Referred to House Government Reform
9/27/1999:
Referred to the Subcommittee on Government Management, Information and Technology.

COMMITTEE(S):
RELATED BILL DETAILS:

***NONE***


AMENDMENT(S):

***NONE***


COSPONSORS(12), ALPHABETICAL [followed by Cosponsors withdrawn]:     (Sort: by date)

Rep Frank, Barney - 9/15/1999 Rep Frost, Martin - 9/15/1999
Rep Hinchey, Maurice D. - 9/15/1999 Rep Lee, Barbara - 11/17/1999
Rep Lewis, John - 9/15/1999 Rep Mink, Patsy T. - 9/15/1999
Rep Nadler, Jerrold - 9/15/1999 Rep Romero-Barcelo, Carlos A. - 9/15/1999
Rep Rush, Bobby L. - 9/15/1999 Rep Slaughter, Louise McIntosh - 9/15/1999
Rep Stark, Fortney Pete - 9/15/1999 Rep Weiner, Anthony D. - 9/15/1999


SUMMARY AS OF:
9/15/1999--Introduced.

TABLE OF CONTENTS:

Medical Privacy in the Age of New Technologies Act of 1999 - Defines "health information trustee" (HIT) to mean a person or entity that creates, receives, obtains, maintains, uses, or transmits protected health information (PHI) and any employee, agent, or contractor of such a person.

Title I: Individuals' Rights - Subtitle A: Review of Protected Health Information by Subjects of the Information - Requires a HIT to permit an individual who is the subject of PHI to inspect and copy the information, subject to cost reimbursement and exceptions.

Subtitle B: Establishment of Safeguards - Requires a HIT to maintain: (1) administrative, technical, and physical confidentiality and accuracy safeguards; and (2) a record of any PHI disclosure not related to treatment. Prohibits HIT retaliation for actions under this Act.

Title II: Restrictions on Use and Disclosure - Prohibits disclosures except: (1) as allowed under this title; (2) as compatible with the purposes for which the information was obtained or for the specific purpose for which an individual authorized disclosure; and (3) in the minimum amount necessary to accomplish the disclosure's purpose.

(Sec. 202) Regulates disclosure authorizations, the disclosure of nonidentifiable information, and the creation of coded information.

(Sec. 205) Specifies the criteria for disclosure: (1) to an individual's next of kin; (2) regarding directory information to any person; (3) in emergencies placing the information subject or another individual at serious risk; (4) to a health oversight agency; (5) to an accrediting body; (6) by a health care provider to a public health authority; (7) by a HIT to a health researcher; (8) by specified entities in connection with certain judicial and administrative proceedings; (9) by specified entities pursuant to a subpoena; and (10) by specified entities regarding subpoenas and warrants.

Title III: Sanctions - Subtitle A: Civil Sanctions - Establishes a civil penalty for material failure to comply with this Act. Provides, if the violations have occurred with such frequency as to constitute a general business practice, for a higher civil penalty or exclusion from Medicare and Medicaid (titles XVIII and XIX of the Social Security Act) or any other federally funded health care programs.

(Sec. 302) Allows an individual aggrieved by a violation of this Act to bring a civil action for preliminary and equitable relief, actual or liquidated damages, and punitive damages. Allows assessment of attorney's fees.

Subtitle B: Criminal Sanctions - Provides for criminal fines, imprisonment, or exclusion from Medicare, Medicaid, or any other federally funded health care program (or some combination of those penalties) for violations of this Act or this title.

Title IV: Miscellaneous - Provides for: (1) the promulgation of regulations (and establishment of a related advisory group); and (2) the relationship of this Act to other laws.