[Congressional Record Volume 144, Number 104 (Wednesday, July 29, 1998)]
[Extensions of Remarks]
[Page E1459]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     PATIENT PROTECTION ACT OF 1998

                                 ______
                                 

                               speech of

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                         Friday, July 24, 1998

  Mr. KUCINICH. Mr. Speaker, I rise today to speak about a specific 
provision in the Patient Protection Act.
  According to the Washington Post, and I quote: ``The Republican-
crafted Patient Protection Act of 1998 would allow anyone who collects 
health information . . . to provide that data to any health care 
provider or health plan''. In other words, no one's personal health 
care information will be private. From your broken leg, to your HIV 
status, to your genetic makeup, to your psychiatric records--all of it 
can be bought and sold between hospitals, health maintenance 
organizations, doctors, pharmacies and insurers. Anyone in the health 
care business will be able to find out the most intimate details of 
your life under the Patient Protection Act.
  As Mr. Dingell said, ``This is one of the worst outrages that I've 
seen.'' It is an outrage. It is also unconstitutional. The Fourth 
Amendment of the United States Constitution guarantees ``The right of 
the people to be secure in their persons, houses, papers, and effects, 
against unreasonable searches and seizures.''
  The taking of personal health information under the false pretense 
that this information is private, and selling or giving that 
information away violates the right of the people to be ``secure in 
their persons''. Rifling through a persons' health care files for the 
purpose of selling that information is an unlawful search. And 
accepting this information without the patient's consent is an unlawful 
seizure.
  It is no accident that the bill actually does protect patients is the 
Patient Bill of Rights. The Dingell-Ganske Patient Bill of Rights 
reforms the HMO industry without invading the constitutionally 
protected right to privacy. I urge my colleagues to vote for the 
Dingell-Ganske Patient Bill of Rights.

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