It creates a set of rules and norms to govern the disclosure of personal health information and narrows the sharing of personal details within the health care system to the minimum necessary to provide care, allow for payment and to facilitate effective oversight. Special attention is paid to situations such as emergency medical care and public health requirements. We have tried to accommodate legitimate oversight concerns so that we do not create unnecessary impediments to health care fraud investigations. Effective health care oversight is essential if our health care system is to function and fulfill its intended goals. Otherwise, we risk establishing a publicly-sanctioned playground for the unscrupulous.
Health care is too important a public investment to be the subject of undetected fraud or abuse.
I am troubled that research is viewed by some as an area where privacy rights should be sacrificed and consent not required for use of individually identifiable health information. If there are to be any exceptions in a federal medical privacy law for research using personally identifiable health information, the Congress and the American people need to understand better why this may be necessary. To address this concern our bill mandates an evaluation of the waiver of informed consent that is allowed under current regulations. It does not preempt state laws that are more protective of privacy. This is consistent with all other federal civil rights and privacy laws.