Re: Rewarding the sharks

[James Love <love@tap.org>]

here is the Sec. 210 language, regarding access to your medical records 
for judicial or administrative purpose.  jl

On Wed, 22 Nov 1995 JWRCLUM@aol.com wrote:
> Refer to section 210 (a) of the Bennett bill.
          SEC. 210. JUDICIAL AND ADMINISTRATIVE PURPOSES.  
            (a) IN GENERAL- A health care provider, health plan, health  
          oversight agency, employer, school, university, insurer, or person  
          who receives protected health information under section 206, may  
          disclose protected health information--  
                (1) pursuant to the Federal Rules of Civil Procedure, the  
              Federal Rules of Criminal Procedure, or comparable rules of  
              other courts or administrative agencies, in connection with  
              litigation or proceedings to which the individual who is the  
              subject of the information is a party and in which the  
              individual has placed his or her physical or mental condition   
              at issue;  
                (2) to a court, and to others ordered by the court, if the  
              protected health information is developed in response to a  
              court-ordered physical or mental examination; or  
                (3) pursuant to a law requiring the reporting of specific  
              medical information to law enforcement authorities.  
            (b) OBLIGATIONS OF RECIPIENT- A person seeking protected health  
          information pursuant to subsection (a)--  
                (1) shall notify the individual or the individual's attorney  
              of the request for the information;  
                (2) shall provide the health information trustee with a   
              signed document attesting--  
                    (A) that the individual has placed his or her physical or  
                  mental condition at issue in litigation or proceedings in  
                  which the individual is a party; and  
                    (B) the date on which the individual or the individual's  
                  attorney was notified under paragraph (1); and  
                (3) shall not accept any requested protected health  
              information from the trustee until the termination of the   
              10-day period beginning on the date notice was given under  
              paragraph (1).  

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James Love, love@tap.org
P.O. Box 19367, Washington, DC 20036; v. 202/387-8030; f. 202/234-5176
Consumer Project on Technology; http://www.essential.org/cpt/cpt.html
Taxpayer Assets Project; http://www.essential.org/tap/tap.html