Designates an office within the U.S. Department of Health and Human Services a national office of privacy to aid consumers in learning about their rights and how they may seek recourse for violations of fair information practices as recommended by the recent National Research Council report. Allows individuals to segregate portions of their medical records, such as mental health treatment records, from broad viewing by health personnel not directly involved in their care, or by others without legitimate access. Extends patient privacy protecting for federally funded research to protect all sensitive medical information being used for research, whether public or private. It also requires a review of current privacy protections for research to see if improvements can be made. No comprehensive federal law currently exists to safeguard the confidentiality of personally identifiable health information.
Few states have comprehensive health privacy laws.
A consensus has long existed that federal health privacy law is needed. Numerous federal advisory commissions and agencies have recommended enactment of a federal health privacy law, and a wide range of consumer, privacy and health care organizations and providers agree. The current trend toward integrated health care delivery systems and increased automation of health records places individual health records privacy at even greater risk. Unfortunately, this exactly what is happening. We believe that national policy on medical privacy should be addressed by Congress, not by administrative regulations.