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Comments Of Senator
Patrick Leahy
On The Final Rule On Medical Record Privacy
Dec. 20, 2000
[Sen. Patrick Leahy, D-Vt.,
is the author of the Medical Information Privacy and Security Act (S.573) and
held Congress’s first hearing (in 1994) on privacy concerns relating to
electronic medical records. Leahy also chairs the Senate Democratic Task Force
On Privacy. The final rule on the privacy of personally identifiable medical
information was scheduled for announcement by President Clinton and HHS
Secretary Donna Shalala at 12:15 p.m. today (Wed., Dec. 20), in Washington.]
This is a quantum leap
forward for Americans’ privacy rights in the Internet age. For the first time
our sensitive medical records will be protected by law. Right now, if you have a
medical record, you may also have a privacy problem, but these rules will begin
to change that.
I commend the
Administration for listening. It appears that they strengthened the rules where
justified, and they also took the time to instill flexibility, so that small
town doctors and big insurance companies will be able to follow steps
appropriate to their different capabilities.
One big improvement the
Administration has made is to cover paper files and records, not just electronic
files. We do not yet live in a paperless world, and the earlier proposal to
cover only electronic records would have left more than three-fourths of our
medical information unprotected.
These are carefully
crafted rules that Congress was unable to write on its own, but Congress is not
off the hook. The next Congress needs to fill in the gaps, especially by giving
patients a private right of action to seek remedies when their records are
misused. Congress has dropped the ball on protecting privacy, and the new
Congress should spend more time on issues like this and less on symbolic
exercises that do nothing to improve the lives of Americans.
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