[Congressional Record Volume 146, Number 141 (Tuesday, October 31, 2000)]
[Extensions of Remarks]
[Page E2037]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 MISSED OPPORTUNITY ON MEDICAL PRIVACY

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                          HON. GARY A. CONDIT

                             of california

                    in the house of representatives

                       Tuesday, October 31, 2000

  Mr. CONDIT. Mr. Speaker, today I spoke regarding the unfinished 
business of ensuring Americans that their personal medical information 
will be kept confidential. Despite a consensus that an individual's 
health information is easily accessed and susceptible to manipulation, 
Congress failed to act on this crucial issue.
  This is certainly not a new issue. I first introduced comprehensive 
medical privacy legislation at the beginning of the 104th Congress. 
Last year, in an effort to reach a consensus, I worked closely with 
Rep. Henry Waxman, Rep. Ed Markey and Rep. John Dingell to develop a 
bill that could gain the support of the majority of our colleagues. The 
product of this effort was H.R. 1941, the Health Information Privacy 
Act. In addition to the four primary sponsors, 66 of our colleagues 
joined us in sponsoring this legislation.
  We were not alone in our efforts to protect these sensitive records. 
The Secretary of Health and Human Services, directed by provisions of 
the Health Insurance Portability and Accountability Act, issued 
proposed health privacy regulations on November 3, 1999 after Congress 
failed to meet its self imposed deadline. In all, these proposed 
regulations represent a good solid start, but failed to address several 
key items since the Secretary's scope was limited to health plans, 
clearinghouses and providers that share health information 
electronically.
  Therefore, the proposed regulations did not cover health records that 
have never been maintained or shared electronically. Additionally, the 
Secretary's proposal does not cover all entities that come into 
possessions of health information. Safeguards given to an individual's 
health record should be applied equally, whether it is in the hand of a 
health care provider, researcher or a lending institution.
  Unfortunately, the issue of medical privacy was never given the 
attention it deserves in this Congress. The leadership of the next 
Congress, should make this issue a priority and make a public 
commitment to schedule a full, fair and open floor debate within the 
first three months of reconvening the next session. This will be the 
only way we can come to an agreement on comprehensive medical privacy 
legislation.

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