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Rep. Murphy's Bill Safeguards Confidential Medical Info

9/17/13

Rep. Murphy’s Bill Safeguards Confidential Medical Info
‘IRS Health Records Privacy Act’ prohibits IRS from accessing health records


For Immediate Release: Tuesday, September 17, 2013
Contact: Dain Pascocello, 202.225.2301

 

(Washington, DC) ­­– Rep. Tim Murphy (PA-18) introduced the IRS Health Records Privacy Act (H.R. 3041) to safeguard the privacy of Americans by keeping medical records and protected health information off-limits to the Internal Revenue Service and other federal employees. Under H.R. 3041, violators would face criminal penalties, including jail time, for unauthorized access to personal medical history.

 

Murphy’s bill comes in response to concerns over the ability of the IRS to protect individuals’ privacy and remain apolitical in light of the agency’s massive new responsibilities under the Affordable Care Act. The law grants the IRS 46 sweeping new tax powers. From fining Americans who don’t comply with the individual mandate to handing out credits to insurance companies via the new marketplace exchanges, the IRS is the main enforcement agency behind the new law.

 

“The IRS Health Records Privacy Act puts your private healthcare information off-limits to IRS agents and government employees who are set to take on broad powers under the Affordable Care Act. My bill protects confidential medical records and ensures your healthcare history is not subject to arbitrary scrutiny, misuse, or politically-directed targeting,” said Murphy.

 

At the same time, recent events such as the targeting of nonprofits for additional scrutiny due to their political philosophy have placed the agency under a cloud of suspicion and subjected it to mounting public distrust. Only 33 percent of Americans trust the IRS to protect their privacy, according to a Reason-Rupe poll released on September 10.

 

The public’s concern over the ability of the IRS to remain impartial and protect privacy is not without merit. A March 2013 class action lawsuit alleges IRS agents “stole” the medical records of 10 million Americans from a California health insurer. The suit contends, “No search warrant authorized the seizure of these records; no subpoena authorized the seizure of these records; none of the 10,000,000 Americans were under any kind of known criminal or civil investigation and their medical records had no relevance whatsoever to the IRS search.” The filing details numerous instances where IRS agents abused their power and damaged property in seizing the records.

 

In addition to prohibiting IRS agents from accessing private medical records, H.R. 3041 requires the Secretary of the Treasury to notify any citizen if unauthorized breach of their privacy occurs. Similar to the standards for a hospital or healthcare provider under the Health Insurance Portability and Accountability Act (HIPAA), a patient must be notified if his or her electronic medical records have been compromised. 

 

Read more about H.R. 3041, Rep Murphy’s IRS Health Records Privacy Act, here.


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