HEALTH INFORMATION PRIVACY ACT -- HON. EDWARD J. MARKEY (Extensions of Remarks - May 26, 1999)

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HON. EDWARD J. MARKEY OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES WEDNESDAY, MAY 26, 1999

Mr. MARKEY. Mr. Speaker, last night I joined Mr. CONDIT and Mr. WAXMAN in introducing the Health Information Privacy Act of 1999, the ``Condit-Waxman-Markey'' bill.

Without question, the rapid advance of the Information Age is revolutionizing the American economy and forcing the evolution of new relationships both good and bad. There is no area of its development that causes more anxiety for ordinary people than the area of privacy. And there is no area of privacy that causes more anxiety for Americans than the privacy of their most personal health information.

Today, we are experiencing the erosion of our medical privacy. With the stroke of a few keys on a computer or the swipe of the prescription drug card, our personal health information is being accumulated and tracked.

This erosion of our privacy threatens the very heart of quality health care--doctor/patient confidentiality. By undermining this sacred relationship, we destroy the trust that patients rely on for peace of mind, and doctors depend on for sound judgment.

In an HMO today, anywhere from 80-100 employees may have access to a patient's medical record according to the Privacy Rights Clearinghouse in San Diego California. With such unrestricted access to one's personal health information, it's impossible to separate the health privacy keepers from the ``just curious'' peepers.

Not to mention the greatest threat to your medical privacy--the information reapers.

The evolution of technology has provided the ability to compile, store and cross reference personal health information, and the dawning of the Information Age has made your intimate health history a valuable commodity.

Last March, the Wall Street Journal wrote about the ultimate information reaper--a company that is ``seeking the mother lode in health `data mining' ''. This company is in the process of acquiring medical data on millions of Americans to sell to any buyer.

Currently there is no federal medical privacy law to constrain the information reapers as
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they delve into large data bases filled with the secrets of millions of individuals. These data bases represent a treasure chest to privacy pirates and every facet of your medical information represents a precious jewel to be mined for commercial gain.

With this unfettered access, patient confidentiality has become a virtual myth, and the sale of your secrets a virtual reality.

Because of the rapid evolution of technology, we have fallen behind in assuring a right that we have come to expect--the fundamental right to keep our personal health information private.

Due to the deadline imposed by the Health Insurance Portability and Accountability Act 1996, Congress has until August 21st to enact a medical privacy law. We have no time to waste. Now is the time to unite in an effort to move legislation forward. The Condit/Waxman/Markey bill is a good consensus and comes at a time when consensus is crucial.

This bill creates an incentive to use information which is not personally identifiable wherever possible, it would require a warrant for law enforcement to access medical records and it would provide a federal floor creating a uniform standard without preempting stronger state laws.

I look forward to working with Rep. CONDIT and Rep. WAXMAN and the rest of my colleagues in the House of Representatives on this important issue. I believe together we will succeed in passing a strong federal medical privacy bill which will give patients the right they deserve--the right to medical privacy.
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