June 21, 1999

Did you inherit a genetic tendency to develop breast cancer? Do you have a heart condition? Is your child in remission from multiple sclerosis? Most Iowans would agree, to borrow from that great blues classic, "Ain’t nobody’s business if I do." And it used to be you could safely assume personal medical information would stay private. Unfortunately, this is not now necessarily the case.

As a physician, I have been particularly concerned about health information confidentiality. The trust that patients have in the confidentiality of their medical records determines what they tell their doctor. The information a doctor has effects treatment prescribed and the result for the patient.

For example, an individual’s lupus being revealed to a prospective employer or a heart condition being used as a basis for denying a loan are the types of situations we must avoid. Such instances become more likely, however, as banks and insurance companies combine with other financial institutions and financial services become more integrated.

In this age of electronic information, sharing medical information has become almost easier than not disclosing it. Congress needs to act to protect your privacy and the Commerce Committee did just that when they adopted my medical privacy amendment to the financial modernization legislation.

My amendment effectively prohibits any insurance company from transferring medical, genetic or health information to anyone without the consent of the customer. Under this provision, unless the customer specifically agrees, an insurer could not give any medical information to its banking or securities affiliates, much less any third party.

This medical privacy protection is just a first step. Comprehensive medical privacy legislation, which covers doctors, hospitals, researchers and other medical service providers, as well as insurers, is currently under consideration in Congress. But until more comprehensive legislation is passed at least your medical privacy is protected in your financial dealings under the provisions of this bill as sent by my committee to the House for full debate.

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