Sen. Leahy Introduces Medical Records Privacy Bill

(March 11, 1999) Sen. Patrick Leahy introduced S 573, the Medical Information Privacy and Security Act, on Wednesday, March 10. The bill is one of several proposals for protecting the privacy of individuals' medical records.

"The explosion in information technology is an enormous boon to our society," said Sen. Patrick Leahy (D-VT). "But it also poses new challenges in protecting our privacy. I am convinced that computerization can assure more privacy to individuals; to make technology our servant instead of our master if legislation like this is enacted."

The Congress imposed a deadline on itself of August 21, 1999 to legislate on medical records privacy issues. If Congress does not act by that time, or extend the deadline, the HHS Department would adopt regulations on the issue.

Sen. Leahy

"At a time when some states are selling driving license photos and information, when our leading computer chip and software companies have built secret identifiers into their products to trace our every move in cyberspace without our consent, it is time for Congress to wake up to the privacy rights and expectations of all Americans before it is too late." said Sen. Leahy at a press conference in Washington DC on Wednesday, March 10.

Sen. Leahy continued: "With each new encroachment, more and more citizens are learning that our privacy practices have more openings than those flimsy hospital gowns. The trouble is this: If you have a medical record, you have a medical privacy problem." See, copy of Sen. Leahy's statement.

Sen. Leahy's bill is just one of three proposals likely to be considered. Sen. Robert Bennett (R-UT) and Sen. Jim Jeffords (R-VT) will both probably introduce competing bills. Sen. Jeffords and Sen. Chris Dodd (D-CT) cosponsored S 1921 in the 105th Congress (1997-1998).

Sen. Leahy stated that his bill would not "preempt any federal or state law or regulation that offers greater privacy safeguards. We propose a floor rather than a ceiling." In contrast, the Bennett bill is likely to preempt state laws.

The access of law enforcement authorities to personally identifiable medical records is likely to be another difference between the competing bills, and a thorny political issue. Sen. Leahy stated that "our bill would prevent law enforcement agents from browsing through medical records without a warrant, a grand jury subpoena or a court order."

Sen. Leahy was a district attorney before being elected to the Senate. His bill will likely contain the most stringent restrictions on law enforcement access.