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House Dems: Return to Clinton Privacy Rule
(October 23, 2002) Five House Democrats have introduced legislation to substantially reverse the Bush administration's August 2002 changes to the HIPAA privacy rule. While passage of the bill is unlikely during the congressional "lame duck" session following the November elections, the bill gives a glimpse of possible action next year if Democrats gain control of the House.The bill, H.R. 5646, would reinstate the patient consent requirement. It also would, in essence, return to the Clinton administration's December 2000 definitions of "marketing," "business associate," "covered entity," "health care provider," "disclosure," "individual," "protected health information," "treatment" and "use." Furthermore, the bill restricts disclosure of identifiable information to entities--such as pharmaceutical firms--regulated by the U.S. Food and Drug Administration. "Our bill limits nonconsensual disclosure to these entities for the purpose of strict public health priorities, such as drug recalls," said Rep. Edward Markey (D-Mass.), bill sponsor, in a House floor speech.
Markey also said his proposal "includes common sense exceptions to the
consent requirement for such purposes as filling a prescription and making
referrals." Co-sponsors of the bill include Reps. Howard Berman (Calif.),
Michael Capuano (Mass.), John Dingell (Mich.) and Henry Waxman (Calif.). Text of
the legislation is available on the congressional Web site, http://thomas.loc.gov.
Jeff
Jeff Kerber
Director, HIPAA
Compliance
Texoma Healthcare System
903-416-5520
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