[Congressional Record Volume 145, Number 77 (Wednesday, May 26, 1999)]
[Extensions of Remarks]
[Pages E1105-E1106]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     HEALTH INFORMATION PRIVACY ACT

                                 ______
                                 

                         HON. EDWARD J. MARKEY

                            of massachusetts

                    in the house of representatives

                        Wednesday, May 26, 1999

  Mr. MARKEY. Mr. Speaker, last night I joined Mr. Condit and Mr. 
Waxman in introducing the Health Information Privacy Act of 1999, the 
``Condit-Waxman-Markey'' bill.
  Without question, the rapid advance of the Information Age is 
revolutionizing the American economy and forcing the evolution of new 
relationships both good and bad. There is no area of its development 
that causes more anxiety for ordinary people than the area of privacy. 
And there is no area of privacy that causes more anxiety for Americans 
than the privacy of their most personal health information.
  Today, we are experiencing the erosion of our medical privacy. With 
the stroke of a few keys on a computer or the swipe of the prescription 
drug card, our personal health information is being accumulated and 
tracked.
  This erosion of our privacy threatens the very heart of quality 
health care--doctor/patient confidentiality. By undermining this sacred 
relationship, we destroy the trust that patients rely on for peace of 
mind, and doctors depend on for sound judgment.
  In an HMO today, anywhere from 80-100 employees may have access to a 
patient's medical record according to the Privacy Rights Clearinghouse 
in San Diego California. With such unrestricted access to one's 
personal health information, it's impossible to separate the health 
privacy keepers from the ``just curious'' peepers.
  Not to mention the greatest threat to your medical privacy--the 
information reapers.
  The evolution of technology has provided the ability to compile, 
store and cross reference personal health information, and the dawning 
of the Information Age has made your intimate health history a valuable 
commodity.
  Last March, the Wall Street Journal wrote about the ultimate 
information reaper--a company that is ``seeking the mother lode in 
health `data mining' ''. This company is in the process of acquiring 
medical data on millions of Americans to sell to any buyer.
  Currently there is no federal medical privacy law to constrain the 
information reapers as

[[Page E1106]]

they delve into large data bases filled with the secrets of millions of 
individuals. These data bases represent a treasure chest to privacy 
pirates and every facet of your medical information represents a 
precious jewel to be mined for commercial gain.
  With this unfettered access, patient confidentiality has become a 
virtual myth, and the sale of your secrets a virtual reality.
  Because of the rapid evolution of technology, we have fallen behind 
in assuring a right that we have come to expect--the fundamental right 
to keep our personal health information private.
  Due to the deadline imposed by the Health Insurance Portability and 
Accountability Act 1996, Congress has until August 21st to enact a 
medical privacy law. We have no time to waste. Now is the time to unite 
in an effort to move legislation forward. The Condit/Waxman/Markey bill 
is a good consensus and comes at a time when consensus is crucial.
  This bill creates an incentive to use information which is not 
personally identifiable wherever possible, it would require a warrant 
for law enforcement to access medical records and it would provide a 
federal floor creating a uniform standard without preempting stronger 
state laws.
  I look forward to working with Rep. Condit and Rep. Waxman and the 
rest of my colleagues in the House of Representatives on this important 
issue. I believe together we will succeed in passing a strong federal 
medical privacy bill which will give patients the right they deserve--
the right to medical privacy.

                          ____________________