[Congressional Record Volume 144, Number 102 (Monday, July 27, 1998)]
[Senate]
[Pages S9060-S9061]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   PATIENT PRIVACY RIGHTS ACT OF 1998

 Mr. LEAHY. Mr. President, on Friday, July 24, I introduced 
legislation along with Senators Ashcroft, Burns, and Abraham to repeal 
the legal mandate for personal identification codes for each patient 
that would be part of a national medical records system.
  Our legislation, S. 2352, the Patient Privacy Rights Act, would 
repeal the unique medical identifiers requirement of the Health 
Insurance Portability Law of 1996 (HIPAA). This law directs the U.S. 
Department of Health and Human Services to develop a system to use 
personal identifying codes as part of a system for electronically 
transmitting health information to aid implementation of the health 
insurance portability law. The unique health identifiers would be 
codes, numbers or other methods of uniquely identifying each patient 
that his or her doctors would be required to use throughout that 
person's lifetime. Hearings on the emerging system were launched in 
Chicago this week by the National Committee on Vital and Health 
Statistics.
  I believe it is irresponsible to expose patients to this massive new 
erosion of

[[Page S9061]]

their privacy. The impetus to computerize medical records for the sake 
of efficiency cannot be allowed to overrun our basic privacy. People 
deserve the assurance that their medical histories will not be the 
subject of public curiosity, commercial advantage or harmful 
disclosure. This computerization of medical information has raised the 
stakes in privacy protection. Congress created this threat. Now 
Congress needs to just say no to the idea of a cradle-to-grave medical 
dossier.
  Health care computerization not only is inevitable, it can be a 
useful tool to improve health care. But trusting our medical records to 
this rapidly developing technology will only be supported by the 
American people if they are assured that their medical privacy is 
protected. Privacy is not the only victim here. Without privacy 
protections, many will be discouraged from seeking help or taking 
advantage of the access we are working so hard to protect in this very 
same law.
  I ask that the text of the bill be printed in the Record.
  The text of the bill follows:

                                S. 2352

       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 ``Patient Privacy Rights Act 
     of 1998''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) individuals have a right to confidentiality with 
     respect to their personal health information and records;
       (2) with respect to information about medical care and 
     health status, the traditional right of confidentiality is at 
     risk;
       (3) an erosion of the right of confidentiality will reduce 
     the willingness of patients to confide in physicians and 
     other practitioners, thus jeopardizing quality health care;
       (4) fear that confidentiality is being compromised will 
     deter individuals from seeking medical treatment and stifle 
     technological or medical research and development; and
       (5) advancing technology should not lead to a loss of 
     personal privacy.

     SEC. 3. PURPOSE.

       It is the purpose of this Act--
       (1) to repeal the implementation of a ``standard unique 
     health identifier for each individual'' as required under 
     section 1173(b) of the Social Security Act (42 U.S.C. 1320d-
     2(b)) as added by the amendment made by section 262(a) of the 
     Health Insurance Portability and Accountability Act of 1996 
     (Public Law 104-191); and
       (2) to guarantee that medical privacy protections are not 
     undermined by federal law.

     SEC. 4. REPEAL OF FEDERAL UNIQUE HEALTH IDENTIFIER.

       Sections 1173(b) and 1177(a)(1) of the Social Security Act 
     (42 U.S.C. 1320d-2(b); 42 U.S.C. 1320d-6(a)(1)) are 
     repealed.

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