Fair Health Information Practices Act of 1995

Summary

TABLE OF CONTENTS: Title I: Fair Health Information Practices Subtitle A: Duties of Health Information Trustees Subtitle B: Use and Disclosure of Protected Health Information Subtitle C: Access Procedures and Challenge Rights Subtitle D: Miscellaneous Provisions Subtitle E: Enforcement Title II: Amendments to Title 5, United States Code Title III: Regulations, Research, and Education; Effective Dates; Applicability; and Relationship to Other Laws Fair Health Information Practices Act of 1995 - Title I: Fair Health Information Practices - Subtitle A: Duties of Health Information Trustees - Requires, subject to stated exceptions, health care providers, health information service organizations, health oversight agencies, health benefit plan sponsors, and health researchers (health information trustees) to permit an individual (protected individual) to examine his or her own medical records (protected health information). Excepts certain mental health or other records which may endanger the protected individual. Sets forth provisions concerning: (1) notice of information practices; (2) accounting for disclosures; and (3) security. Subtitle B: Use and Disclosure of Protected Information - Sets forth the general rule that a health information trustee may use protected information only for a purpose: (1) that is compatible with and directly related to the purpose for which the information was collected or received by the trustee; or (2) for which the trustee has received authorization to disclose such information. Makes exceptions, if proper procedures are followed, for the following situations: (1) next of kin and directory information; (2) public health; (3) health research; (4) emergencies; (5) judicial and administrative purposes; (6) law enforcement; (7) subpoenas, warrants, and search warrants; and (8) health information service organizations. Subtitle C: Access Procedures and Challenge Rights - Sets forth access and challenge procedures for subpoenas, warrants, and search warrants concerning protected health information. Subtitle D: Miscellaneous Provisions - Permits a health information trustee to disclose only such information as is necessary to process a payment when payment is made by a debit, credit, or other payment card. (Sec. 143) Directs the Secretary of Health and Human Services to establish electronic documents transmission, receipt, and maintenance standards. (Sec. 147) Directs a State to establish a process under which any created or recorded protected health information is delivered to and maintained by the State or its designated entity. Subtitle E: Enforcement - Sets forth civil and criminal penalties for violations of this Act's provisions. Directs the Secretary to develop alternative dispute resolution methods to resolve the civil complaints. Title II: Amendments to Title 5, United Sates Code - Amends provisions of title 5 (Government Organization and Employees) of the United States Code concerning agency records maintained on individuals to direct the head of any agency that is a health information trustee to promulgate rules to exempt a system of records within the agency from stated provisions of title 5, to the extent that the such system contains protected health information. Title III: Regulations, Research, and Education; Effective Dates; Applicability; and Relationship to Other Laws - Directs the Secretary to prescribe regulations to carry out this Act. Authorizes the Secretary to sponsor research concerning protected health information. Directs the Secretary to establish education and awareness programs concerning such information. (Sec. 303) Sets forth provisions concerning: (1) the applicability of the provisions of this Act to protected health information; and (2) the relationship of the provisions of this Act to other laws.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 9 January 1995

   Introduced

   Referred to the Committee on Commerce, and in addition to the Committees on Government Reform and Oversight, and the Judiciary, 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.

   Source: IntroReferral

2. 9 January 1995

   Introduced

   Referred to the Committee on Commerce, and in addition to the Committees on Government Reform and Oversight, and the Judiciary, 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.

   Source: IntroReferral

3. 9 January 1995

   Introduced

   Sponsor introductory remarks on measure. (CR E63-64)

   Source: IntroReferral

4. 9 January 1995

   Introduced

   Introduced in House

   Source: IntroReferral

5. 9 January 1995

   Introduced

   Introduced in House

   Source: IntroReferral

6. 31 January 1995

   Referred

   Referred to the Subcommittee on Government Management, Information and Technology.

   Source: Committee

7. 6 February 1995

   Referred

   Referred to the Subcommittee on Health and Environment.

   Source: Committee

8. 15 March 1995

   Referred

   Referred to the Subcommittee on Crime.

   Source: Committee

Votes

No vote records are attached yet.

Versions

• Introduced in House · 9 January 1995 · Download file

Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 9 January 1995

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• Introduced in House (PDF)

  Introduced in House · EN · 9 January 1995

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Sponsors

• Rep. Condit, Gary A. [D-CA-18] · D · Sponsor
• · hsju00 · Standing
• · hsif00 · Standing
• · hsgo00 · Standing

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