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Regulatory Information
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2010-09-23
article
Fair Credit Reporting Medical Information Regulations
Part V
Proposed Rules
D09002ee1bde9f854
D09002ee1bde9fd17
United States
Department of the Treasury
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org
United States Government Agency or Subagency
United States
Office of the Comptroller of the Currency
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org
United States Government Agency or Subagency
United States
Federal Reserve System
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United States Government Agency or Subagency
United States
Federal Deposit Insurance Corporation
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United States Government Agency or Subagency
United States
Department of the Treasury
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org
United States Government Agency or Subagency
United States
Office of Thrift Supervision
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United States Government Agency or Subagency
United States
National Credit Union Administration
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United States Government Agency or Subagency
The OCC, Board, FDIC, OTS, and NCUA (Agencies) are publishing for comment proposed regulations implementing section 411 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act). Public Law 108-159, 117 Stat. 1952. The FACT Act substantially amends the Fair Credit Reporting Act (FCRA or Act), 15 U.S.C. 1681 et seq. Section 411(a) of the FACT Act adds a new section 603(g)(1) to the FCRA to restrict the circumstances under which consumer reporting agencies may furnish consumer reports that contain medical information about consumers. Section 411(a) of the FACT Act also adds a new section 604(g)(2) to the FCRA to prohibit creditors from obtaining or using medical information pertaining to a consumer in connection with any determination of the consumer's eligibility, or continued eligibility, for credit. The Agencies are required to prescribe regulations that permit creditors to obtain or use medical information for eligibility purposes where necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs, consistent with the Congressional intent to restrict the use of medical information for inappropriate purposes. In addition, section 411(b) of the FACT Act adds a new section 603(d)(3) to the FCRA to restrict the sharing of medical information and related lists or descriptions with affiliates. Specifically, section 603(d)(3) provides that the standard exclusions from the definition of ``consumer report'' contained in section 603(d)(2)--such as sharing transaction or experience information about a consumer among affiliates or sharing other information among affiliates after providing the consumer notice and an opportunity to opt-out--do not apply if medical-related information is disclosed to an affiliate. Medical-related information includes medical information, an individualized list or description based on payment transactions for medical products or services, or an aggregate list of identified consumers based on payment transactions for medical products or services. The provisions of section 603(d)(3) do not apply if the sharing falls within certain exceptions, such as in connection with the business of insurance or annuities or for any purpose described in section 502(e) of the Gramm-Leach-Bliley Act (GLB Act), Public Law 106- 102. Section 411(b) authorizes the Agencies to promulgate additional exceptions by regulation or order, as determined by the Agencies to be appropriate or necessary. The Agencies generally provide a 60-day period for the public to comment on the burdens associated with proposed rules. In this case, however, the Agencies believe that a 30-day comment period is appropriate because the statute was enacted in December 2003 and imposes a statutory deadline for the final rule of June 4, 2004.
69 FR 23380
https://www.govinfo.gov/app/details/FR-2004-04-28/04-9526
04-9526
fr28ap04-25
RIN 1557-AC85
RIN 3064-AC81
RIN 1550-AB88
4810-33-P; 6210-01-P; 6714-10-P; 6720-01-P; 7535-01-P
Docket No. 04-09
Regulation V
Docket No. R-1188
No. 2004-16
https://www.govinfo.gov/app/details/FR-2004-04-28/04-9526
https://www.govinfo.gov/content/pkg/FR-2004-04-28/html/04-9526.htm
https://www.govinfo.gov/content/pkg/FR-2004-04-28/pdf/04-9526.pdf
Credit
Fair Credit Reporting Act
Holding Companies
Privacy
State Member Banks
Administrative Practice and Procedure
Bank Deposit Insurance
Safety and Soundness
Banks
Banking
Consumer Protection
National Banks
Reporting and Recordkeeping Requirements
Savings Associations
Credit Unions
Fair Credit Reporting
Medical Information
28 p.
23380
23407
69 FR 23380
Code of Federal Regulations
Title 12 Part 222
12 CFR Part 222
Code of Federal Regulations
Title 12 Part 334
12 CFR Part 334
Code of Federal Regulations
Title 12 Part 41
12 CFR Part 41
Code of Federal Regulations
Title 12 Part 571
12 CFR Part 571
Code of Federal Regulations
Title 12 Part 717
12 CFR Part 717
Regulation Identification Number 1557-AC85
RIN 1557-AC85
Regulation Identification Number 3064-AC81
RIN 3064-AC81
Regulation Identification Number 1550-AB88
RIN 1550-AB88
Fair Credit Reporting Medical Information Regulations; Federal Register Vol. 69, Issue
PRORULE
04-9526
V
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE CORPORATION
DEPARTMENT OF THE TREASURY
Office of Thrift Supervision
NATIONAL CREDIT UNION ADMINISTRATION
2004-05-28
Docket No. 04-09
Regulation V
Docket No. R-1188
No. 2004-16
4810-33-P; 6210-01-P; 6714-10-P; 6720-01-P; 7535-01-P
04-9526
Notice of proposed rulemaking.
The OCC, Board, FDIC, OTS, and NCUA (Agencies) are publishing for comment proposed regulations implementing section 411 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act). Public Law 108-159, 117 Stat. 1952. The FACT Act substantially amends the Fair Credit Reporting Act (FCRA or Act), 15 U.S.C. 1681 et seq. Section 411(a) of the FACT Act adds a new section 603(g)(1) to the FCRA to restrict the circumstances under which consumer reporting agencies may furnish consumer reports that contain medical information about consumers. Section 411(a) of the FACT Act also adds a new section 604(g)(2) to the FCRA to prohibit creditors from obtaining or using medical information pertaining to a consumer in connection with any determination of the consumer's eligibility, or continued eligibility, for credit. The Agencies are required to prescribe regulations that permit creditors to obtain or use medical information for eligibility purposes where necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs, consistent with the Congressional intent to restrict the use of medical information for inappropriate purposes. In addition, section 411(b) of the FACT Act adds a new section 603(d)(3) to the FCRA to restrict the sharing of medical information and related lists or descriptions with affiliates. Specifically, section 603(d)(3) provides that the standard exclusions from the definition of ``consumer report'' contained in section 603(d)(2)--such as sharing transaction or experience information about a consumer among affiliates or sharing other information among affiliates after providing the consumer notice and an opportunity to opt-out--do not apply if medical-related information is disclosed to an affiliate. Medical-related information includes medical information, an individualized list or description based on payment transactions for medical products or services, or an aggregate list of identified consumers based on payment transactions for medical products or services. The provisions of section 603(d)(3) do not apply if the sharing falls within certain exceptions, such as in connection with the business of insurance or annuities or for any purpose described in section 502(e) of the Gramm-Leach-Bliley Act (GLB Act), Public Law 106- 102. Section 411(b) authorizes the Agencies to promulgate additional exceptions by regulation or order, as determined by the Agencies to be appropriate or necessary. The Agencies generally provide a 60-day period for the public to comment on the burdens associated with proposed rules. In this case, however, the Agencies believe that a 30-day comment period is appropriate because the statute was enacted in December 2003 and imposes a statutory deadline for the final rule of June 4, 2004.
Comments must be received by May 28, 2004.
OCC: Amy Friend, Assistant Chief Counsel, (202) 874-5200; Michael Bylsma, Director, or Stephen Van Meter, Assistant Director, Community and Consumer Law, (202) 874-5750; Patrick T. Tierney, Attorney, Legislative and Regulatory Activities Division, (202) 874-5090; or Carol Turner, Compliance Specialist, Compliance Department, (202) 874- 4858, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219.
Credit
Fair Credit Reporting Act
Holding Companies
Privacy
State Member Banks
Administrative Practice and Procedure
Bank Deposit Insurance
Safety and Soundness
Banks
Banking
Consumer Protection
National Banks
Reporting and Recordkeeping Requirements
Savings Associations
Credit Unions
Fair Credit Reporting
Medical Information
Credit unions:
Fair and Accurate Credit Transactions Act (2003) implementation; fair credit reporting medical information regulations,
Comments@FDIC.gov
public.info@ots.treas.gov
regcomments@ncua.gov
regs.comments@federalreserve.gov
regs.comments@occ.treas.gov
regs.comments@ots.treas.gov
http://www.fdic.gov/regulations/laws/federal/propose.html
http://www.federalreserve.gov
http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm
http://www.ncua.gov/news/proposed_regs/proposed_regs.html
http://www.occ.treas.gov
http://www.ots.treas.gov/pagehtml.cfm?catNumber=67&an=1
http://www.regulations.gov
public.info
www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm
www.ots.treas.gov
Federal Register
Vol. 69, no. 82
Office of the Federal Register, National Archives and Records Administration
2004-04-28
continuing
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339 p.
Table of Contents:
AE 2.7:
GS 4.107:
AE 2.106:
KF70.A2
https://www.govinfo.gov/app/details/FR-2004-04-28
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https://www.govinfo.gov/content/pkg/FR-2004-04-28/pdf/FR-2004-04-28.pdf
https://www.govinfo.gov/content/pkg/FR-2004-04-28/xml/FR-2004-04-28.xml
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2010-09-23
2023-05-04
FR-2004-04-28
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FR-2004-04-28
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