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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1497 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1497

  To amend title 18, United States Code, to preserve personal privacy 
  with respect to information contained in prescription drug records.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 1993

  Mr. Stark introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend title 18, United States Code, to preserve personal privacy 
  with respect to information contained in prescription drug records.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prescription Drug Records Privacy 
Protection Act of 1993''.

SEC. 2. WRONGFUL DISCLOSURE OF INFORMATION CONTAINED IN PRESCRIPTION 
              DRUG RECORDS.

    (a) In General.--Chapter 121 of title 18, United States Code, is 
amended--
            (1) by redesignating section 2711 as section 2712; and
            (2) by inserting after section 2710 the following new 
        section:
``Sec. 2711. Wrongful disclosure of information contained in 
              prescription drug records
    ``(a) In General.--Subject to subsection (b), a retailer, 
physician, or administrator of a health benefit plan who knowingly 
discloses, to any person, personally identifiable information contained 
in a prescription drug record of an individual shall be liable to such 
individual for the relief provided in subsection (c).
    ``(b) Exceptions.--
            ``(1) In general.--A retailer, physician, or administrator 
        of a health benefit plan may disclose personally identifiable 
        information contained in a prescription drug record of an 
        individual--
                    ``(A) to the individual;
                    ``(B) to any person, with the informed, written 
                consent of the individual given at the time the 
                disclosure is sought;
                    ``(C) to a law enforcement agency pursuant to a 
                warrant issued under the Federal Rules of Criminal 
                Procedure, an equivalent State warrant, a grand jury 
                subpoena, or a court order;
                    ``(D) to a law enforcement agency or a health care 
                agency for the purpose of addressing illegal drug 
                diversion or improving prescribing practices;
                    ``(E) pursuant to a court order, in a civil 
                proceeding upon a showing of compelling need for the 
                information that cannot be accommodated by any other 
                means, if--
                            ``(i) the individual is given reasonable 
                        notice, by the person seeking the disclosure, 
                        of the court proceeding relevant to the 
                        issuance of the court order; and
                            ``(ii) the individual is afforded the 
                        opportunity to appear and contest the claim of 
                        the person seeking the disclosure; or
                    ``(F) to any person involved in the administration 
                and review of health care services provided to the 
                individual.
            ``(2) Additional safeguards.--
                    ``(A) Order issued under paragraph (1)(c) or 
                (1)(e).--If an order is granted pursuant to paragraph 
                (1)(C) or (1)(E), the court shall impose appropriate 
                safeguards against unauthorized disclosure.
                    ``(B) Court order issued under paragraph (1)(c).--
                Court orders authorizing disclosure under paragraph 
                (1)(C) shall issue only with prior notice to the 
                individual and only if the law enforcement agency shows 
                that there is probable cause to believe that the 
                records or other information sought are relevant to a 
                legitimate law enforcement inquiry. In the case of a 
                State government authority, such a court order shall 
                not issue if prohibited by the law of such State. A 
                court issuing an order pursuant to this section, on a 
                motion made promptly by a retailer, physician, or 
                administrator of a health benefit plan, may quash or 
                modify such order if the information or records 
                requested are unreasonably voluminous in nature or if 
                compliance with such order otherwise would cause an 
                unreasonable burden on such retailer, physician, or 
                administrator of a health benefit plan.
    ``(c) Civil Action.--
            ``(1) In general.--Any individual aggrieved by any act of 
        an individual in violation of subsection (a) may bring a civil 
        action in a district court of the United States.
            ``(2) Damages.--The court may award--
                    ``(A) actual damages;
                    ``(B) punitive damages;
                    ``(C) reasonable attorneys' fees and other 
                litigation costs reasonably incurred; and
                    ``(D) such other preliminary and equitable relief 
                as the court determines to be appropriate.
            ``(3) Limitation.--No action may be brought under paragraph 
        (1) unless such action is begun within 2 years from the date of 
        the act complained of or the date of discovery of such act.
    ``(d) Definitions.--For purposes of this section, the following 
definitions apply:
            ``(1) Health benefit plan.--The term `health benefit plan' 
        means an employee welfare benefit plan providing medical care 
        to participants or beneficiaries directly or through insurance, 
        reimbursement, or any other hospital or medical expense 
        incurred policy or certificate, hospital or medical service 
        plan contract, or health maintenance subscriber contract.
            ``(2) Personally identifiable information.--The term 
        `personally identifiable information' means information 
        relating to the diagnosis or treatment of any illness, 
        disability, injury, or condition of an individual which 
        discloses the identity of such individual.
            ``(3) Retailer.--The term `retailer' means an individual 
        licensed by a State as a pharmacist to compound, dispense, or 
        sell any drug, chemical, poison, or pharmaceutical preparation 
        upon the prescription of a physician, and or one who is engaged 
        in the business, in or affecting interstate or foreign 
        commerce, of providing pharmaceutical products and services. 
        Such term includes an individual providing such services at a 
        hospital.
            ``(4) Physician.--The term `physician' means an individual 
        licensed by a State as a doctor of medicine, osteopathy, 
        podiatry, dental surgery, or medical dentistry to practice 
        medicine and surgery or dentistry, and who is engaged in the 
        business, in or affecting interstate or foreign commerce, of 
        providing health care services.
            ``(5) Prescription drug.--The term `prescription drug' 
        means a drug (as defined in section 201(g)(1) of the Federal 
        Food, Drug, and Cosmetic Act) (21 U.S.C. 321(g)(1)) which is 
        subject to regulation under section 503(b) of such Act.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 121 of title 18, United States Code, is amended--
            (1) in the item relating to section 2711, by striking 
        ``2711'' and inserting ``2712''; and
            (2) by inserting after the item relating to 2710 the 
        following new item:

``2711. Wrongful disclosure of information contained in prescription 
                            drug records.''.
    (c) Effective Date.--The amendments made by this Act shall take 
effect on the 180th day following the date of the enactment of this 
Act.

                                 <all>
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