[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2630 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2630

           To protect the privacy of patients and physicians.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 2009

   Mr. Paul introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   Ways and Means, 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 protect the privacy of patients and physicians.

    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 ``Protect Patients and Physicians 
Privacy Act''.

SEC. 2. PATIENT RIGHT TO OPT OUT OF ELECTRONIC HEALTH RECORDS SYSTEM.

    All individuals shall have the ability to opt out of any Federally 
mandated, created, or funded electronic system for maintaining health 
care information.

SEC. 3. REPEAL OF STANDARD UNIQUE HEALTH IDENTIFIERS.

    (a) In General.--
            (1) Section 1173 of the Social Security Act (42 U.S.C. 
        1320d-2) is amended by striking subsection (b).
            (2) Section 1177(a) of such Act (42 U.S.C. 1320d-6(a)) is 
        amended by striking paragraph (1).
    (b) Prohibition of Federal Expenditures.--No Federal funds shall be 
used to support, encourage, or otherwise promote the use of standard 
unique health identifiers (such as those described in section 1173(b) 
of the Social Security Act, before the amendment made by subsection 
(a)(1)) in any Federal, State, or private health care plan.

SEC. 4. REQUIREMENT OF INFORMED CONSENT FOR SHARING INFORMATION FROM 
              ELECTRONIC MEDICAL RECORDS.

    (a) Limitation on Sharing Information From EMRs.--
            (1) In general.--Except as provided in paragraph (2), no 
        information from any electronic medical record maintained by a 
        health care provider and created pursuant to a Federally 
        mandated, created, or funded program may be shared with another 
        health care provider absent a signed, informed consent from the 
        patient involved.
            (2) Exception for emergencies.--Paragraph (1) shall not 
        apply in a medical emergency.
    (b) Limitation on Merger of Information.--No health care 
information from an individual medical record shall be placed in a 
Federally mandated, created, or funded electronic system of health care 
information, absent a signed, informed consent from the patient 
involved.
    (c) Definitions.--In this subsection:
            (1) Informed consent.--The term ``informed consent'' means, 
        with respect to the sharing of information concerning a 
        patient, a written document certifying that the patient gives 
        permission to such sharing of information.
            (2) Medical emergency.--The term ``medical emergency'' 
        means any situation where the failure to provide immediate 
        medical treatment or assistance could result in serious injury, 
        loss of life, or both.

SEC. 5. PROVIDER FREEDOM FROM REQUIRED PARTICIPATION IN AN ELECTRONIC 
              HEALTH CARE RECORDS PROGRAM.

    (a) In General.--The Federal Government may not require a health 
care provider to participate in any Federally mandated, created, or 
funded electronic system of maintaining health care information.
    (b) Limitation.--No health care provider shall be denied 
participation in, or otherwise sanctioned with respect to participation 
in, a Federal health care program because the provider refuses to 
participate in a Federally mandated, created, or funded electronic 
system of maintaining health care information.
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