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Re: Rewarding the sharks
On Mon, 27 Nov 1995, James Love wrote:
> here is the Sec. 210 language, regarding access to your medical records
> for judicial or administrative purpose. jl
The text is reproduced below.
I thought that I would add a word of explanation for those who need it.
All of the uses for judicial and administrative purposes authorized in
the section below are routine today. However, the terms and conditions
proposed in the legislation are more restrictive than is common today.
Note that disclosures pursuant to rules of procedure are limited to
cases where the patient is a party and has placed his/her condition in
issue. If the patient is not a party, then this authorized disclosure
does not apply.
Second, the section requires that the patient be given
notice of the discovery request and be provided an opportunity to
challenge it in court. This is a right that is not always available
today. A guaranteed chance to fight back against unreasonably broad
discovery demands!
Third, any person receiving information under this section
becomes a health information trustee and is restricted by section 201
from using or disclosing the information for noncompatible secondary
uses. This is a brand new statutory restriction that applies to the
lawyer for the other side. This means that you have a remedy if your
records are misused.
Finally, note that section 210 does not require any disclosure. It only
authorizes a trustee to make a disclosure. The trustee may have other
grounds for resisting or fighting a requested disclosure.
This is a lot better than current law!!!
Bob Gellman
+ + + + + + + + + + + + + + + + + + + + + + + + +
+ Robert Gellman rgellman@cais.com +
+ Privacy and Information Policy Consultant +
+ 431 Fifth Street S.E. +
+ Washington, DC 20003 +
+ 202-543-7923 (phone) 202-547-8287 (fax) +
+ + + + + + + + + + + + + + + + + + + + + + + + +
>
> 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).
>