I 

111TH CONGRESS 

1ST SESSION H. R. 2630 

To protect the privacy of patients and physicians. 

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 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 ‘‘Protect Patients and 

5 Physicians Privacy Act’’. 

6 SEC. 2. PATIENT RIGHT TO OPT OUT OF ELECTRONIC 

7 HEALTH RECORDS SYSTEM. 

8 All individuals shall have the ability to opt out of any 

9 Federally mandated, created, or funded electronic system 

10 for maintaining health care information. 


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1 SEC. 3. REPEAL OF STANDARD UNIQUE HEALTH IDENTI2 FIERS. 

3 (a) IN GENERAL.— 

4 (1) Section 1173 of the Social Security Act (42 

5 U.S.C. 1320d–2) is amended by striking subsection 

6 (b). 

7 (2) Section 1177(a) of such Act (42 U.S.C. 

8 1320d–6(a)) is amended by striking paragraph (1). 

9 (b) PROHIBITION OF FEDERAL EXPENDITURES.—No 

10 Federal funds shall be used to support, encourage, or oth11 erwise promote the use of standard unique health identi12 fiers (such as those described in section 1173(b) of the 

13 Social Security Act, before the amendment made by sub14 section (a)(1)) in any Federal, State, or private health 

15 care plan. 

16 SEC. 4. REQUIREMENT OF INFORMED CONSENT FOR SHAR17 ING INFORMATION FROM ELECTRONIC MED18 ICAL RECORDS. 

19 (a) LIMITATION ON SHARING INFORMATION FROM

20 EMRS.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), no information from any electronic med23 ical record maintained by a health care provider and 

24 created pursuant to a Federally mandated, created, 

25 or funded program may be shared with another 


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1 health care provider absent a signed, informed con2 sent from the patient involved. 

3 (2) EXCEPTION FOR EMERGENCIES.—Para4 graph (1) shall not apply in a medical emergency. 

5 (b) LIMITATION ON MERGER OF INFORMATION.—No 

6 health care information from an individual medical record 

7 shall be placed in a Federally mandated, created, or fund8 ed electronic system of health care information, absent a 

9 signed, informed consent from the patient involved. 

10 (c) DEFINITIONS.—In this subsection: 

11 (1) INFORMED CONSENT.—The term ‘‘informed 

12 consent’’ means, with respect to the sharing of infor13 mation concerning a patient, a written document 

14 certifying that the patient gives permission to such 

15 sharing of information. 

16 (2) MEDICAL EMERGENCY.—The term ‘‘medical 

17 emergency’’ means any situation where the failure to 

18 provide immediate medical treatment or assistance 

19 could result in serious injury, loss of life, or both. 

20 SEC. 5. PROVIDER FREEDOM FROM REQUIRED PARTICIPA21 TION IN AN ELECTRONIC HEALTH CARE 

22 RECORDS PROGRAM. 

23 (a) IN GENERAL.—The Federal Government may not 

24 require a health care provider to participate in any FederVerDate Nov 24 2008 22:03 May 24, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2630.IH H2630

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1 ally mandated, created, or funded electronic system of 

2 maintaining health care information. 

3 (b) LIMITATION.—No health care provider shall be 

4 denied participation in, or otherwise sanctioned with re5 spect to participation in, a Federal health care program 

6 because the provider refuses to participate in a Federally 

7 mandated, created, or funded electronic system of main8 taining health care information. 

Æ 


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