[Congressional Record (Bound Edition), Volume 149 (2003), Part 7]
[Extensions of Remarks]
[Page 9718]
[From the U.S. Government Publishing Office, www.gpo.gov]




             THE STOP TAKING OUR HEALTH PRIVACY ACT OF 2003

                                 ______
                                 

                          HON. HENRY A. WAXMAN

                             of california

                    in the house of representatives

                        Thursday, April 10, 2003

  Mr. WAXMAN. Mr. Speaker, in a few days, the Bush Administration's 
modifications to the Federal medical privacy rule will be in effect. 
Federal medical privacy protections are important for protecting the 
integrity of our health care system. Many Americans have been taking 
counterproductive steps, such as giving inaccurate information to their 
physicians or avoiding health care altogether, because of medical 
privacy concerns.
  The medical privacy rule issued by the Clinton Administration in 
December 2000 established a sound foundation for addressing the complex 
issues relating to medical records privacy. Unfortunately, the Bush 
Administration's changes to the rule opened up significant loopholes in 
medical privacy protection. The Bush Administration eliminated the 
rule's requirement that individuals must provide consent before their 
personal health information can be used for treatment, payment, and a 
broad category of activities called ``health care operations.''
  The Bush Administration also decreased privacy protections relating 
to marketing activities by removing privacy protections for activities 
that most consumers consider to be marketing. In addition, it changed 
the rule to allow disclosures of health information without patient 
consent to drug companies and other entities regulated by the FDA for a 
wide range of purposes. The December 2000 rule, in contrast, allowed 
such disclosures only for a narrowly defined list of health-related 
activities such as reporting adverse events associated with drugs.
  That is why I am joining my colleagues Reps. Markey, Dingell, and 
Rohrabacher today in introducing the Stop Taking Our Health Privacy Act 
of 2003. The STOHP Act would: (1) reinstate the December 2000 rule's 
patient consent requirement for treatment, payment, and health care 
operations while ensuring that this requirement does not undermine 
essential health care activities such as filling prescriptions and 
making referrals; (2) strike the Bush Administration's definition of 
``marketing,'' thereby ensuring that the rule's privacy protections 
apply to activities consumers consider marketing; and (3) eliminate the 
broad exemption the Bush Administration created that would have allowed 
disclosure without consent to drug companies, while ensuring that 
disclosures essential for public health purposes are allowed.
  I am pleased that this bill has bipartisan support. Medical privacy 
should not be a partisan issue. I hope to continue to work with both 
Democratic and Republican colleagues to remedy the harm done by the 
changes to the rule and to promote vigilant enforcement by the 
Administration of the privacy protections that remain. I will also 
continue to press for additional protections to ensure appropriate 
disclosure and use of individuals' health information.

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