Re: Notes on Industry Support for S. 1360

[Robert Gellman <rgellman@cais.cais.com>]

On Tue, 21 Nov 1995 AGENTLE@aol.com wrote:

> Bob and Med Privacy subscribers:
> 
> I have S 1360. Where does it say medical records CANNOT be used against
> patients. I have read this thing several times, and I have never seen that
> clause. What page is it on, or what section is it in?
> 
First, you might take a look at HR 435, the Condit bill.  I think that it 
is a stronger bill than the Bennett bill, although the two bills have 
lots of similarlities.  In HR 435, there are protections against use of 
medical records against patients in section 113(c), 115(b), 116(c), 
117(b), and 119(d).  These sections provide that information disclosed 
under the bills provisions without consent cannot be used against the 
patient in most circumstances.  None of the bills offers a general 
prohibition against the use of medical information generally.  If that is 
what you are looking for, you won't find it anywhere.  

In S.1360, there is a similar provision in section 207(b).  I think that
this same restriction should be applied elsewhere in S1360, and I suspect
that the absence of a broader provision is an oversight.  The House bill
makes it clearer that the protection for patients should be more broadly
applied. 

Does this help?

Bob

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