THE HEALTH INFORMATION PRIVACY ACT OF 1999 -- HON. HENRY A. WAXMAN
(Extensions of Remarks - May 25, 1999)
[Page: E1086]
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HON. HENRY A. WAXMAN
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
TUESDAY, MAY 25, 1999
- Mr. WAXMAN. Mr. Speaker, I am pleased to join Reps. GARY CONDIT, ED
MARKEY, JOHN DINGELL, SHERROD BROWN, JIM TURNER, and my other colleagues
in introducing the Health Information Privacy Act of 1999. There is an urgent
need for Congress to enact legislation to protect the privacy of medical
records. We have worked hard to develop a consensus approach to achieve this
goal.
- Health records contain some of our most personal information.
Unfortunately, there is no comprehensive federal law that protects the privacy
of medical records. As a result, we face a constant threat of serious privacy
intrusions. Our records can be bought and sold for commercial gain, disclosed
to employers, and used to deny us insurance. There have been numerous
disturbing reports of such inappropriate use and disclosure of health
information.
- When individual have inadequate control over their health information, our
health care system as a whole suffers. For example, a recent survey by the
California HealthCare Foundation found that one out of every seven adults has
done something ``out of the ordinary'' to keep health information
confidential, including steps such as giving inaccurate information to their
providers or avoiding care together.
- The Health Information Privacy Act would protect the privacy of health
information and ensure that individuals have appropriate control over their
health records. It is based on three fundamental principles. First, health
information should not be used or disclosed without the authorization or
knowledge of the individual, except in narrow circumstances where there is an
overriding public interest. Second, individuals should have fundamental rights
regarding their health records, such as the right to access, copy, and amend
their records, and the opportunity to seek protection for especially sensitive
information. Third, federal legislation should provide a ``floor,'' not a
``ceiling,'' so that states and the Secretary of Health and Human Services can
establish additional protections as appropriate.
- Congress faces an August 21 deadline for passing comprehensive legislation
to protect the privacy of health information. I am very pleased to have come
together with Mr. CONDIT, Mr. MARKEY, Mr. DINGELL, Mr.
BROWN, and Mr. TURNER in developing this commonsense
legislation. These members have been leaders in health care and privacy issues
for years. As a result of their expertise and insight, I believe we have
produced a consensus bill that colleagues with a wide spectrum of perspective
can support.
- A recent editorial in the Los Angeles Times exhorted Congress to
``fulfill its promise to pass the nation's first medical privacy bill.'' It
called for legislators in both houses to ``embrace [this] compromise
language'' that my colleagues and I have drafted.
- I hope that my colleagues will join me in cosponsoring this legislation,
and I look forward to working with them to ensure that Congress meets its
responsibility to address this important issue.
END