[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2003 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2003

 To clarify the criminal intent required to be established to prove a 
criminal violation for wrongful disclosure of individually identifiable 
                          health information.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2003

  Mr. Berry introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
  Ways and Means, and the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To clarify the criminal intent required to be established to prove a 
criminal violation for wrongful disclosure of individually identifiable 
                          health information.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Practitioner Protection 
Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) criminal penalties may be unfairly imposed on persons 
        who, without criminal intent, disclose individually 
        identifiable health information in violation of part C of title 
        XI of the Social Security Act, or otherwise commit a violation 
        punishable under section 1177 of the such Act; and
            (2) it is necessary to revise such section 1177 to 
        establish a general rule that offenses under such section are 
        not punishable if the person committing the offense did not 
        know, or have reason to know, that they were violating Federal 
        law.

SEC. 3. CRIMINAL INTENT REQUIRED FOR OFFENSE OF WRONGFUL DISCLOSURE OF 
              INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION.

    Section 1177(b)(1) of the Social Security Act (42 U.S.C. 1320d-
6(b)(1)) is amended by inserting ``if the offense is committed while 
knowing, or having reason to know, that it is an offense against the 
United States,'' before ``be fined''.
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