[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 836 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 836

 To amend part C of title XI of the Social Security Act to provide for 
    coordination of implementation of administrative simplification 
                 standards for health care information.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2001

   Mr. Craig (for himself, Mr. Dorgan, and Mr. Crapo) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
 To amend part C of title XI of the Social Security Act to provide for 
    coordination of implementation of administrative simplification 
                 standards for health care information.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COORDINATION OF IMPLEMENTATION OF ADMINISTRATIVE 
              SIMPLIFICATION STANDARDS FOR HEALTH CARE INFORMATION.

    (a) In General.--Section 1175(b)(1) of the Social Security Act (42 
U.S.C. 1320d-4(b)(1)) is amended to read as follows:
            ``(1) In general.--Each person to whom an initial standard 
        or implementation specification is adopted or established under 
        sections 1172 and 1173 applies shall comply with the standard 
        or specification by the later of--
                    ``(A) 24 months after the date on which the 
                Secretary determines that--
                            ``(i) regulations with respect to all of 
                        the standards and specifications required by 
                        such sections (other than standards for unique 
                        health identifiers for individuals under 
                        section 1173(b)(1)) have been adopted in final 
                        form;
                            ``(ii) regulations implementing section 
                        1176 have been issued in final form; and
                            ``(iii) reliable national unique health 
                        identifiers for health plans and health care 
                        providers are ready and available; or
                    ``(B) October 16, 2004.''.
    (b) Rule of Construction.--For purposes of section 1175(b)(1) of 
the Social Security Act (42 U.S.C. 1320d-4(b)(1)), as amended by 
subsection (a)--
            (1) the requirements of such section (relating to issuance 
        of a regulation ``in final form'') shall be considered to be 
        met with respect to a standard, specification, or section if a 
        regulation implementing such standard, specification, or 
        section is issued and becomes effective in accordance with 
        section 553 of title 5, United States Code;
            (2) nothing in such section 1175(b)(1) shall be construed 
        as requiring the Secretary of Health and Human Services to take 
        into account subsequent modifications made to such regulation 
        pursuant to section 1174(b) of the Social Security Act (42 
        U.S.C. 1 320d-3(b)) in making the determination that a 
        regulation has been issued ``in final form'' with respect to a 
        standard, specification, or section; and
            (3) nothing in such section 1175(b)(1) shall be construed 
        as limiting or affecting the authority of the Secretary of 
        Health and Human Services to issue or implement the final 
        regulations establishing standards for privacy of individually 
        identifiable health information published in the Federal 
        Register by the Secretary on December 28, 2000 (65 Fed. Reg. 
        82462), including the requirements of section 164.530 of title 
        45 of the Code of Federal Regulations.
    (c) Study of Compliance With Health Insurance Portability and 
Accountability Act of 1996.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study to examine the effect of the 
        enactment of section 262 of the Health Insurance Portability 
        and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 
        2021), and regulations issued thereunder, on health plans, 
        health care providers, the medicare and medicaid programs, and 
        the Department of Health and Human Services, including the 
        progress of such entities or programs in complying with the 
        amendments made by such section.
            (2) Report.--Not later than October 31, 2003, the 
        Comptroller General shall submit to the appropriate committees 
        of Congress a report on the study conducted under paragraph 
        (1).
    (d) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of section 262 of the 
Health Insurance Portability and Accountability Act of 1996 (Public Law 
104-191; 110 Stat. 2021).
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