McDermott med-priv bill: index (fwd)

[Peter Marshall <rocque@eskimo.com>]

[Bill is HR3482, at 101K full txt from "Thomas." pm]


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                                  H.R.3482
                                      
   Medical Privacy in the Age of New Technologies Act of 1996 (Introduced
   in the House) 
   
  SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
  
   (a) SHORT TITLE- This Act may be cited as the `Medical Privacy in the
       Age of New Technologies Act of 1996'.
       
   (b) TABLE OF CONTENTS- The table of contents for this Act is as
       follows:
       
        Sec. 1. Short title; table of contents.
       
        Sec. 2. Findings and purposes.
       
        Sec. 3. Definitions.
       
  TITLE I--INDIVIDUALS' RIGHTS
  
  Subtitle A--Review of Protected Health Information by Subjects of the
  Information
  
        Sec. 101. Inspection and copying of protected health information.
       
        Sec. 102. Correction or amendment of protected health
            information.
       
        Sec. 103. Notice of information practices.
       
  Subtitle B--Establishment of Safeguards
  
        Sec. 111. Establishment of safeguards.
       
        Sec. 112. Accounting for disclosures.
       
        Sec. 113. Prohibition against retaliation.
       
  TITLE II--RESTRICTIONS ON USE AND DISCLOSURE
  
        Sec. 201. General rules regarding use and disclosure.
       
        Sec. 202. Authorizations for disclosure of protected health
            information for treatment or payment.
       
        Sec. 203. Authorizations for disclosure of protected health
            information for purposes other than treatment or payment.
       
        Sec. 204. Creation of nonidentifiable and coded information.
       
        Sec. 205. Next of kin and directory information.
       
        Sec. 206. Emergency circumstances.
       
        Sec. 207. Oversight.
       
        Sec. 208. Accreditation.
       
        Sec. 209. Public health.
       
        Sec. 210. Health research.
       
        Sec. 211. Judicial and administrative purposes.
       
        Sec. 212. General requirements governing subpoenas.
       
        Sec. 213. Additional requirements for law enforcement access.
       
  TITLE III--SANCTIONS
  
  Subtitle A--Civil Sanctions
  
        Sec. 301. Civil penalty.
       
        Sec. 302. Civil action.
       
  Subtitle B--Criminal Sanctions
  
        Sec. 311. Wrongful disclosure of protected health information.
       
  TITLE IV--MISCELLANEOUS
  
        Sec. 401. Regulations.
       
        Sec. 402. Relationship to other laws.
       
        Sec. 403. Effective dates.
       
        Sec. 404. Applicability.
       
  SEC. 2. FINDINGS AND PURPOSES.
  
   (a) FINDINGS- The Congress finds as follows:
       
        (1) Health information plays a vital role in every aspect of an
            individual's life. It includes some of the most sensitive
            information available about an individual.
       
        (2) An individual's health information is currently accessible to
            many people who do not need the information to provide health
            care to the individual, often without the individual's
            knowledge or consent.
       
        (3) Individuals will be deterred from using the health care
            system unless they are assured that the confidentiality of
            their health information will be respected.
       
        (4) There exists little Federal protection of the confidentiality
            of an individual's health information.
       
        (5) While health information often is transferred across State
            lines, protection of the confidentiality of health
            information varies greatly from State to State, with little
            protection in some States.
       
        (6) New technologies increase the importance of addressing new
            threats to the confidentiality of health information. For
            example, technologies that permit an individual's health
            information to be computerized increase the possibility of
            unauthorized electronic access to the information.
            Technologies that provide genetic information provide
            information not just about an individual's current health but
            also about the individual's potential future health and the
            health of the individual's relatives. This creates potential
            new uses and abuses of genetic health information that need
            to be addressed by legislation.
       
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