Senator Kennedy (D-MA) and Senator Leahy (D-VT) Introduce Patient Privacy Protection Bill

Health, Education, Labor and Pensions (HELP) Committee Chairman, Senator Edward Kennedy (D-MA), and Judiciary Committee Chairman, Senator Patrick Leahy (D-VT) introduced a bill on July 18th aimed at adding privacy protections for electronic patient medical records.

Kennedy and Leahy believe that the legislation will create new privacy safeguards to better protect Americans' health information in today's new digital age.  The bill does not supplant HIPAA privacy rules, but does require the Secretary of the Department of Health and Human Services (HHS) to revise provisions of HIPAA.

The bill, named the "Health Information Privacy and Security Act," would allow every patient to decide when and to whom their health information is disclosed.  Patients would also be granted the ability to inspect, modify, correct or copy any protected health information concerning them, regardless of where that record is kept.  Opt-out clauses for participation in health information systems are also outlined in the bill.  Exceptions are included for de-identified data, and for patient-identifiable data that is used for public health purposes.

The bill calls for the creation of an "Office of Health Information Privacy" within HHS.  This office would be primarily responsible for investigating complaints and alleged violations, as well as "establishing and implementing Federal standards and product certifications for health information technology products that handle protected health information."

Other significant portions of the bill address regulations regarding use and disclosure of patient information with the exception of "de-identified health information."  For more information on the bill, click here and for a copy of the bill text, click here.