[Congressional Record Volume 149, Number 65 (Monday, May 5, 2003)]
[Senate]
[Pages S5721-S5722]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        MEDICAL RECORDS PRIVACY

  Mr. JOHNSON. Mr. President, the issue of one's privacy is something 
that resonates throughout each and every one of our lives on a daily 
basis. As Americans we enjoy the luxury of certain forms of privacy, 
while at the same time live within the very constraints of a society 
that is experiencing an erosion of our privacy rights with each passing 
day, consequently affecting the boundaries of individual freedoms. 
Jeffrey Rosen, noted author of the book called ``The Unwanted Gaze, The 
Destruction of Privacy in America,'' stated that ``it is surprising how 
recent changes in law and technology have been permitted to undermine 
sanctuaries of privacy that Americans took for granted throughout most 
of our history.'' Furthermore, he states that ``there is nothing 
inevitable about the erosion of privacy, just as there is nothing 
inevitable about its reconstruction.''
  On April 14, 2003, America experienced the beginning of comprehensive 
guidelines governing the world of medical privacy. This day marked the 
final compliance for health care providers who are implementing the new 
regulations laid out in the Health Insurance Portability and 
Accountability Act, HIPAA. Originally known as the Kennedy-Kassebaum 
legislation, passed in 1996, this bill was the result of over a 
decade's worth of input regarding the privacy of patients' medical 
records. As we move forward with these changes, it is important to note 
a few of the significant alterations that will impact both health care 
entities and consumers.
  HIPAA was enacted by the Federal Government to give patients more 
control over their health information as well as provide greater 
boundaries for the use and release of health records. As of April 14, 
hospitals, health care providers, health plans, and clearinghouses will 
be working under stricter guidelines in regards to patient records. 
Health care entities will be restricted from releasing information 
regarding inpatient, outpatient, or emergency room patients unless that 
patient agrees to such a release in specific written documentation. 
Federal law, rather than various State regulations, will now protect 
the confidentiality of medical files. Consumers will be able to find 
out who has tried to have access to their medical records. This new law 
will also prohibit marketers from obtaining personal medical 
information without an individual's consent. These are just a few of 
the many new regulations set to take place as a result of 
implementation of HIPAA law.
  Health care providers have had to rearrange existing procedures, as 
well as yield additional funding to meet the April 14 compliance 
deadline. This has proven to be more challenging for some entities than 
others especially those in rural areas where financial and workforce 
constraints are often greater than for their urban counterparts.

[[Page S5722]]

  Hailed by medical consumer groups as a significant advance in 
protecting the rights of consumers and the privacy of medical records, 
some have expressed concern that the regulations are cumbersome or 
don't go far enough. Before HIPAA, however, there were few rules in 
place to the coherence of patient safety. Consumers now will find great 
comfort in knowing significant protections are being undertaken to 
protect their personal medical information.
  As we move forward with implementation of these new privacy 
regulations, I will continue to monitor these new rules and solicit 
feedback from consumers and health providers alike about medical and 
other privacy issues so critically important to our everyday lives.

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