[Congressional Record (Bound Edition), Volume 145 (1999), Part 8]
[Extensions of Remarks]
[Page 10902]
[From the U.S. Government Publishing Office, www.gpo.gov]



               THE HEALTH INFORMATION PRIVACY ACT OF 1999

                                 ______
                                 

                          HON. HENRY A. WAXMAN

                             of california

                    in the house of representatives

                         Tuesday, May 25, 1999

  Mr. WAXMAN. Mr. Speaker, I am pleased to join Reps. Gary Condit, Ed 
Markey, John Dingell, Sherrod Brown, Jim Turner, and my other 
colleagues in introducing the Health Information Privacy Act of 1999. 
There is an urgent need for Congress to enact legislation to protect 
the privacy of medical records. We have worked hard to develop a 
consensus approach to achieve this goal.
  Health records contain some of our most personal information. 
Unfortunately, there is no comprehensive federal law that protects the 
privacy of medical records. As a result, we face a constant threat of 
serious privacy intrusions. Our records can be bought and sold for 
commercial gain, disclosed to employers, and used to deny us insurance. 
There have been numerous disturbing reports of such inappropriate use 
and disclosure of health information.
  When individual have inadequate control over their health 
information, our health care system as a whole suffers. For example, a 
recent survey by the California HealthCare Foundation found that one 
out of every seven adults has done something ``out of the ordinary'' to 
keep health information confidential, including steps such as giving 
inaccurate information to their providers or avoiding care together.
  The Health Information Privacy Act would protect the privacy of 
health information and ensure that individuals have appropriate control 
over their health records. It is based on three fundamental principles. 
First, health information should not be used or disclosed without the 
authorization or knowledge of the individual, except in narrow 
circumstances where there is an overriding public interest. Second, 
individuals should have fundamental rights regarding their health 
records, such as the right to access, copy, and amend their records, 
and the opportunity to seek protection for especially sensitive 
information. Third, federal legislation should provide a ``floor,'' not 
a ``ceiling,'' so that states and the Secretary of Health and Human 
Services can establish additional protections as appropriate.
  Congress faces an August 21 deadline for passing comprehensive 
legislation to protect the privacy of health information. I am very 
pleased to have come together with Mr. Condit, Mr. Markey, Mr. Dingell, 
Mr. Brown, and Mr. Turner in developing this commonsense legislation. 
These members have been leaders in health care and privacy issues for 
years. As a result of their expertise and insight, I believe we have 
produced a consensus bill that colleagues with a wide spectrum of 
perspective can support.
  A recent editorial in the Los Angeles Times exhorted Congress to 
``fulfill its promise to pass the nation's first medical privacy 
bill.'' It called for legislators in both houses to ``embrace [this] 
compromise language'' that my colleagues and I have drafted.
  I hope that my colleagues will join me in cosponsoring this 
legislation, and I look forward to working with them to ensure that 
Congress meets its responsibility to address this important issue.

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