States plot separate medical records privacy legislation
June 7, 1999 2 minutes read
States plot separate medical records privacy legislation
A draft model state law designed to protect the confidentiality of public health records has been released by a 39-member panel convened under the auspices of the Georgetown University Law Center in Washington, DC.
The model law includes separate sections addressing the acquisition, use, and disclosure of patient-specific information. It also suggests security measures public health entities should take to protect the confidentiality of data, as well as what protections patients have in ensuring that information is accurate and kept confidential.
The model law also describes civil sanctions that can be sought by patients who believe they have been injured by the failure of another party to maintain the security of health information. The law allows punitive damages for willful or grossly negligent violations of the act of up to $10,000 for each violation.
While at least two of the proposed Congressional privacy bills would override any type of state privacy law, James Hodge, professor of law at Georgetown and director of the public health privacy project, says he’s optimistic that whatever passes will establish a floor from which states can enact stricter regulations.
Hodge adds that the draft Health and Human Services guidelines, which would take effect if Congress passes no privacy legislation by August 21, are consistent with the model state legislation.
The final version of the draft hasn’t been released, pending the endorsement of the Centers for Disease Control and Prevention in Atlanta. So far, only Texas has yet introduced legislation based on the draft model.
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