Security Before Access Act of 2013

Bill: 113-hr-3299
Sponsor: Rep. Ross, Dennis A. [R-FL-15]
Introduced: 2013-10-16 in the House
Policy area: Health
Subjects: Civil actions and liability
Comprehensive health care
Congressional oversight
Criminal justice information and records
Fraud offenses and financial crimes
Health care costs and insurance
Health care coverage and access
Health information and medical records
Health programs administration and funding
Licensing and registrations
Personnel records
Right of privacy
Tax administration and collection, taxpayers

Summary:
action_date: 2013-10-16
text: 
Security Before Access Act of 2013 - Amends the Public Health Service Act, with respect to patient navigator services, to require recipients of grants for the development and operation of demonstration programs to implement procedures developed under this Act to protect the privacy of personally identifiable information (PII).
 
Requires procedures specified by the Secretary of Health and Human Services (HHS) to include at least those that:
 
 
require for access to PII relating to an individual the express written consent of that individual;
 
condition access by a certified application counselor, health insurance navigator, or non-navigator assistance personnel upon a criminal background and fingerprint check; and
 
require the meeting of educational and licensure requirements that are identical or comparable to those currently applicable to health insurance agents and brokers within the state in which they seek to assist consumers.
 
 
Prohibits a grant recipient from collecting PII until the Comptroller General (GAO) certifies to Congress that HHS and any other relevant federal agencies have implemented all appropriate and necessary actions to safeguard the information of individuals seeking enrollment in a health plan through a health insurance Exchange and to protect them from fraud and abuse.
 
Provides procedures for development of guidance concerning liability, determinations of liable parties, and determinations of whether entities described in this Act are required to obtain professional liability coverage.
 
Imposes criminal penalties for unauthorized access, including under the Internal Revenue Code in cases involving consumer tax return information. 
Requires the Secretary to permanently disqualify an individual with a criminal background or otherwise in violation of this Act from any further involvement in consumer assistance activities required under the patient navigator provisions or the Patient Protection and Affordable Care Act (PPACA). Allows the disqualification and rescission of federal and Exchange-generated funds from the entity that employs or contracts with such an individual. 
Relieves consumers from responsibility for failure to meet a requirement under PPACA for obtaining qualified health insurance coverage through an Exchange unless the Secretary has demonstrated with reasonable certainty that effective and comprehensive PII protection is in place prior to any consumer disclosure for health insurance enrollment purposes.

Legislative actions:
action_date: 2013-10-18
text: Referred to the Subcommittee on Health.
action_date: 2013-10-16
text: 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.
action_date: 2013-10-16
text: 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.
action_date: 2013-10-16
text: Introduced in House
action_date: 2013-10-16
text: Introduced in House