SB 0549 Prohibits the disclosure of nonpublic health information
Sponsor:Days Co-Sponsor(s)
LR Number:1744S.01I Fiscal Note:1744-01
Committee:Financial and Governmental Organization, Veterans' Affairs & Elections
Last Action:03/10/03 - Hearing Conducted S Financial & Governmental Org., Journal page:
Veterans' Affairs & Elections Committee-Consent
Title:
Effective Date:August 28, 2003
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Current Bill Summary

SB 549 - This act prohibits the disclosure of non-public health information. A new Section 191.890 is created to define terms such as "federal privacy rules", "health information", and "nonpublic personal health information".

This act prohibits the disclosure of personal health information, unless pursuant to written authorization, for the following purposes:

- for profit;

- for marketing of goods or services;

- to aid in an employment decision;

- for decisions regarding a persons' credit;

- to deliberately or maliciously cause harm to the person to whom the information pertains.

Any person who knowingly violates the provisions of this section will be charged an administrative penalty of up to $500. Penalties may be assessed by an agency with primary regulatory authority or by the Attorney General. Penalties must be paid into the school fund. The Director of the Department of Insurance shall enforce this act.

Licensees (insurance companies) complying with HIPAA privacy rules will be deemed in compliance with this act. Until April 14, 2003, non-licensees subject to federal law will be in compliance with this act upon a showing of good faith. Personal health information, however, may not be disclosed for marketing purposes even if compliance is established. Licensees complying with the model regulation, "Privacy of Consumer Financial and Health Information Regulation", will also be deemed in compliance.

This act does not apply to information disclosed for the following purposes:

- if prior written consent is given;

- if disclosure is pursuant to state or federal law;

- for consumer reporting purposes;

- in connection with the transfer of a business, operating unit, or loans if the disclosure is not the primary reason for the transfer.

- for purposes not specifically addressed in this section;

- if information was originally collected for certain marketing purposes

This act does not apply to the conduct of medical research as defined in 45 CFR part 46.

This act is similar to SCS/HB 1425 (2002) and SB 1171 (2002).
STEPHEN WITTE