Committee Adopts Markey Amendment to Strengthen Patient Privacy Protections in Health IT Bill
WASHINGTON, D.C. - Representative Edward J. Markey (D-MA), a senior member of the Energy and Commerce Committee and the author of comprehensive electronic health record promotion and privacy legislation (H.R. 5442, the TRUST Act) , today offered two amendments during House Energy and Commerce Committee consideration of health information technology legislation introduced by Reps. John Dingell (D-MI) and Joe Barton (R-TX), H.R. 6357, the PRO(TECH)T Act.
Rep. Markey
said, "The development of a nationwide, interoperable infrastructure to store
and share Americans' electronic medical records holds tremendous promise for
improving patient care, reducing medical errors and lowering costs. But as paper
records are put into electronic formats, patients must have control over how
their information is being used. Further, we know all too well the danger of
electronic file breaches by computer hackers.
"Efficient access must
not become ‘open-for-all' access. Now is the time, while these systems
are in the early stages of development, to build in strong privacy standards and
security safeguards that will protect patients and doctors
alike."
Rep. Markey's
amendments to H.R. 6357 both focused on ensuring that patients are fully
informed and understand how their medical information may be used. Rep. Markey's
amendment to require clear, patient-friendly language to be used in the consent
form relating to how personal health information can be used for "health care
operations" passed by a voice vote. Health care operations is an expansive category that includes such
business-related activities as the sale or merger of a health plan; fundraising;
and legal and auditing services.
Rep. Markey
also secured a promise from the committee chairman, Rep. Dingell, to work on
including language to require that patients be fully informed about, and be able
to block, the offshoring of their personal health information to countries with
weak data privacy protections.
Rep. Markey
consulted with Energy and Commerce committee members and staff during the
development of H.R. 6357 and was pleased to note that the legislation includes
several provisions that are consistent with his health IT legislation,
H.R. 5442, the TRUST Act. These
include:
- Improvements to
the marketing provision to make clear that marketing pitches can't masquerade as
objective medical advice;
- The requirement
that patients must give their consent before their personal health information
can be used for so-called "health care operations";
- The mandate that
consumers must be notified if their personal information is breached from health
IT systems, and a requirement that the Department of Health and Human Services
must post on its web site a list of health plans and health providers where
significant breaches have occurred; and
- The ability for
patients to receive a listing of who's accessed their personal health
information, which could help trace how a breach occurred and whose
responsible.
"Today's bill was an improvement compared to
the earlier discussion draft, but there remain areas that need to be addressed
and strengthened as this bill moves forward. The spread of health IT holds
tremendous promise for improving patient care, reducing medical errors and
lowering costs. With the right safeguards in place, consumers will be able to
trust health IT systems and doctors and providers will be able to confidently
use this infrastructure to improve patient care," concluded Rep.
Markey.
FOR IMMEDIATE RELEASE
July 23, 2008 |
CONTACT: Jessica Schafer, 202.225.2836
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