II

106TH CONGRESS

1ST SESSION S. 782

To amend title 18, United States Code, to modify the exception to the

prohibition on the interception of wire, oral, or electronic communications

to require a health insurance issuer, health plan, or health care provider

obtain an enrollee’s or patient’s consent to their interception, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 13, 1999

Mrs. FEINSTEIN introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to modify the exception to the prohibition on the interception of wire, oral,

or electronic communications to require a health insurance issuer, health plan, or health care provider obtain

an enrollee’s or patient’s consent to their interception,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Patients’ Telephone

5 Privacy Act of 1999’’.
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•S 782 IS

1 SEC. 2. MODIFICATION OF EXCEPTION TO PROHIBITION ON

2 INTERCEPTION OF COMMUNICATIONS.

3 (a) MODIFICATION.—Section 2511(2)(d) of title 18,

4 United States Code, is amended—

5 (1) by striking ‘‘It shall not be unlawful’’ and

6 inserting ‘‘(i) Subject to clause (ii), it shall not be

7 unlawful’’; and

8 (2) by adding at the end the following:

9 ‘‘(ii)(I) With respect to a wire, oral, or electronic

10 communication between a health insurance issuer or

11 health plan and an enrollee of such health insurance issuer

12 or health plan, or between a health care provider and a

13 patient, it shall not be unlawful under this chapter for a

14 health insurance issuer, health plan, or health care pro15 vider to intercept such communication only if the patient

16 has given prior express consent to such interception.

17 ‘‘(II) In this paragraph—

18 ‘‘(A) the term ‘health insurance issuer’ has the

19 meaning given that term in section 733 of the Em20 ployee Retirement Income Security Act of 1974 (29

21 U.S.C. 1191b);

22 ‘‘(B) the term ‘health plan’ means a group

23 health plan, as defined in section 733 of the Em24 ployee Retirement Income Security Act of 1974 (29

25 U.S.C. 1191b), an individual or self-insured health

26 plan, the medicare program under title XVIII of the
3

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1 Social Security Act (42 U.S.C. 1395 et seq.), the

2 medicaid program under title XIX of such Act (42

3 U.S.C. 1396 et seq.), the State children’s health in4 surance program under title XXI of such Act (42

5 U.S.C. 1397aa et seq.), the Civilian Health and

6 Medical Program of the Uniformed Services under

7 chapter 55 of title 10, and a health plan offered

8 under chapter 89 of title 5; and

9 ‘‘(C) the term ‘health care provider’ means a

10 physician or other health care professional.’’.

11 (b) RECORDING AND MONITORING OF COMMUNICA12 TIONS WITH HEALTH INSURERS.—

13 (1) COMMUNICATION WITHOUT RECORDING OR

14 MONITORING.—Notwithstanding any other provision

15 of law, a health insurance issuer, health plan, or

16 health care provider that notifies any customer of its

17 intent to record or monitor any communication with

18 such customer shall provide the customer the option

19 to conduct the communication without being re20 corded or monitored by the health insurance issuer,

21 health plan, or health care provider.

22 (2) DEFINITIONS.—In this subsection:

23 (A) HEALTH CARE PROVIDER.—The term

24 ‘‘health care provider’’ means a physician or

25 other health care professional.
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1 (B) HEALTH INSURANCE ISSUER.—The

2 term ‘‘health insurance issuer’’ has the meaning

3 given that term in section 733 of the Employee

4 Retirement Income Security Act of 1974 (29

5 U.S.C. 1191b).

6 (C) HEALTH PLAN.—The term ‘‘health

7 plan’’ means—

8 (i) a group health plan, as defined in

9 section 733 of the Employee Retirement

10 Income Security Act of 1974 (29 U.S.C.

11 1191b);

12 (ii) an individual or self-insured

13 health plan;

14 (iii) the medicare program under title

15 XVIII of the Social Security Act (42

16 U.S.C. 1395 et seq.);

17 (iv) the medicaid program under title

18 XIX of such Act (42 U.S.C. 1396 et seq.);

19 (v) the State children’s health insur20 ance program under title XXI of such Act

21 (42 U.S.C. 1397aa et seq.);

22 (vi) the Civilian Health and Medical

23 Program of the Uniformed Services under

24 chapter 55 of title 10, United States Code;

25 and
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1 (vii) a health plan offered under chap2 ter 89 of title 5, United States Code.

3 (c) EFFECTIVE DATE.—The amendments made by

4 this Act shall take effect on the date that is 60 days after

5 the date of enactment of this Act.

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