Congresswoman Marge Roukema, R-N.J.-5th, today
urged the House Banking Committee to approve tough new regulations
on the privacy of medical information in the hands
of financial institutions. In addition, the chairwoman of the House
Subcommittee on Financial Institutions and leading advocate of
financial privacy
said her subcommittee will continue its hearings on financial privacy issues in July.
"The right to expect that personal health and medical record will
remain private is important to all Americans," Roukema said. "I was
a strong advocate of including medical privacy in the landmark
financial modernization legislation we passed last year. The absence
of medical privacy in that bill is
a huge gap that must be filled before consumers are harmed."
Roukema's comments came as the Banking Committee held a
hearing today on H.R. 4585, the Medical Financial Privacy Act, introduced
by Chairman Jim Leach, R-Iowa. The bill would take the following
steps to protect medical records:
- Require financial institutions to obtain customerĀ“s
affirmative consent ("opt in") before disclosing individually
identifiable health information to an
affiliate or third party.
- Prohibit a financial institution from obtaining or using
health information
in deciding whether to issue credit, unless the prospective
borrower expressly consents.
- Give special protection to mental health information, by
requiring separate and specific customer consent for its
disclosure. Special policies and procedures to protect its
confidentiality would be encouraged.
- Give consumers the right to inspect, copy, and correct health
information that
is under the control of a financial institution.
- Place strict limits on the re-disclosure and reuse of health
information
legitimately obtained by a financial institution.
- The bill does not limit or supersede medical privacy standards set
by the Secretary of Health and Human Services under the Health
Insurance Portability and Accountability Act.
Medical privacy provisions were
included in the Financial Services Modernization Act passed by the
House last year but removed in conference with the Senate before
final passage at the insistence of the Clinton Administration.
In addition to supporting medical privacy at today's
hearing, Roukema said her subcommittee will address broader
financial privacy
issues at a hearing in late July.
"The regulatory agencies have recently issued final rules
implementing the privacy provisions of
last year's bill," Roukema said. "It is my opinion that additional
legislation relating to the privacy of financial
records is not appropriate until the regulators gain some experience
operating under the final rules."
Roukema held two days of hearings on financial privacy last year as
the Banking Committee reviewed the Financial Services Modernization
Act.
The Financial Services Modernization Act included comprehensive
privacy protections
- sponsored by Roukema - that went far beyond existing law. Under
the new law, consumers can "opt out" of having private information shared with
third parties and financial institutions have to disclose their privacy policies to
annually. "Pretext calling" - where someone uses fraudulent or
deceptive means to obtain private customer information - would
become a federal crime punishable by up to five years in
prison. |