111 HR 2630 IH: Protect Patients and Physicians Privacy Act U.S. House of Representatives 2009-05-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 111th CONGRESS 1st Session H. R. 2630 IN THE HOUSE OF REPRESENTATIVES May 21, 2009 Mr. Paul introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To protect the privacy of patients and physicians.
1.
Short title
This Act may be cited as the Protect Patients and Physicians Privacy Act.
2.
Patient right to opt out of electronic health records system
All individuals shall have the ability to opt out of any Federally mandated, created, or funded electronic system for maintaining health care information.
3.
Repeal of standard unique health identifiers
(a)
In general
(1)Section 1173 of the Social Security Act (42 U.S.C. 1320d–2) is amended by striking subsection (b). (2)Section 1177(a) of such Act (42 U.S.C. 1320d–6(a)) is amended by striking paragraph (1). (b)
Prohibition of Federal expenditures
No Federal funds shall be used to support, encourage, or otherwise promote the use of standard unique health identifiers (such as those described in section 1173(b) of the Social Security Act, before the amendment made by subsection (a)(1)) in any Federal, State, or private health care plan.
4.
Requirement of informed consent for sharing information from electronic medical records
(a)
Limitation on sharing information from EMRs
(1)
In general
Except as provided in paragraph (2), no information from any electronic medical record maintained by a health care provider and created pursuant to a Federally mandated, created, or funded program may be shared with another health care provider absent a signed, informed consent from the patient involved. (2)
Exception for emergencies
Paragraph (1) shall not apply in a medical emergency. (b)
Limitation on merger of information
No health care information from an individual medical record shall be placed in a Federally mandated, created, or funded electronic system of health care information, absent a signed, informed consent from the patient involved. (c)
Definitions
In this subsection: (1)
Informed consent
The term informed consent means, with respect to the sharing of information concerning a patient, a written document certifying that the patient gives permission to such sharing of information. (2)
Medical emergency
The term medical emergency means any situation where the failure to provide immediate medical treatment or assistance could result in serious injury, loss of life, or both.
5.
Provider freedom from required participation in an electronic health care records program
(a)
In general
The Federal Government may not require a health care provider to participate in any Federally mandated, created, or funded electronic system of maintaining health care information. (b)
Limitation
No health care provider shall be denied participation in, or otherwise sanctioned with respect to participation in, a Federal health care program because the provider refuses to participate in a Federally mandated, created, or funded electronic system of maintaining health care information.