Federal Privacy of Medical Records Act

Summary

Federal Privacy of Medical Records Act - Title I: Privacy of Medical Records - Requires medical care facilities to permit individuals to inspect and have copies of their medical records. Provides for the correction of records at the individual's request. Directs medical care facilities to provide individual's with notice of record keeping practices, describing permissible disclosures, the individual's rights, and procedures. Prohibits disclosure of individual medical records: (1) without such individual's authorization; (2) to people without proper identification; and (3) beyond the extent necessary. Permits disclosure of medical records without the individual's authorization in specified circumstances, including employee use, health research, audits and evaluations, statutory requirements, law enforcement functions, and judicial and administrative proceedings. Sets forth limits on disclosures to governmental authorities. Permits an individual to challenge a summons or subpoena of such individual's medical records by a governmental authority. Requires Federal authorities to report annually to Congress concerning its requests for medical records. Requires medical care facilities participating in the Medicare and Medicaid programs to comply with the disclosure provisions. Provides criminal and civil penalties for violations of the disclosure provisions. Title II: Amendment to Title 5, United States Code - Exempts medical records maintained by medical care facilities from the disclosure provisions generally applicable to government agencies. Title III: Effective Date and Regulations - Stipulates the effective date of this Act. Requires the Secretary of Health, Education, and Welfare to promulgate regulations to carry out the provisions of this Act by a specified date.

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1 official file

• Introduced in House

  summary · EN · 14 March 1979

  Open at official source

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