H.R. 52, the Fair Health Information Practices Act of 1997: Hearings Before the Subcommittee on Government Management, Information, and Technology of the Committee on Government Reform and Oversight, House of Representatives, One Hundred Fifth Congress, First Session, on H.R. 52 ... to Amend Section 552a of Title 5, United States Code ... June 5, 1997

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Page 130 - Effective psychotherapy depends upon an atmosphere of confidence and trust, and therefore the mere possibility of disclosure of confidential communications may impede development of the relationship necessary for successful treatment. The privilege also serves the public interest, since the mental health of the nation's citizenry, no less than its physical health is a public good of transcendent importance.
Page 22 - Commission or the United States, a reasonable attorney's fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.
Page 83 - The patient or the patient's representative may have access to health care information concerning the patient, has the right to have a copy of such health care information made after payment of a reasonable charge, and, further, has the right to have a notation made with or in such health care information of any amendment or correction of such health care information requested by the patient or patient representative. Required safeguards — Any person maintaining, using or disseminating health care...
Page 27 - All that may come to my knowledge in the exercise of my profession or outside of my profession or in daily commerce with men, which ought not to be spread abroad, I will keep secret and will never reveal.
Page 82 - Collection and use only for lawful purpose — Health care information must be collected and used only for a necessary and lawful purpose. • Notification to patient — Each person maintaining health care information must prepare a formal, written statement of the fair information practices observed by such person. Each patient who provides health care information directly to a person maintaining health care information should receive a copy...
Page 159 - No informed consent, whether oral or written, may include any exculpatory language through which the subject or the representative is made to waive or appear to waive any of the subject's legal rights, or releases or appears to release the investigator, the sponsor, the institution or its agents from liability for negligence.
Page 71 - Act in an attempt to stimulate uniformity among states on health care information management issues. Presently, only two states, Montana and Washington have enacted this model legislation. Clearly, efforts must be directed toward developing national standards on privacy and confidentiality. THE NEED FOR FEDERAL LEGISLATION Over the past several years, a consensus has emerged within Congress and among the general public regarding the need for federal legislation to address this important issue. The...
Page 82 - Authorization; Requirements for Validity — To be valid, a patient's authorization must: 1. Identify the patient; 2. Generally describe the health care information to be disclosed; 3. Identify the person to whom the health care information is to be disclosed; 4. Describe the purpose of this disclosure; 5. Limit the length of time the patient's authorization will remain valid; 6. Be given by one of the following means — a) In writing, dated, and signed by the patient or the patient's representative;...
Page 6 - State banking or securities department or agency: and (8) "law enforcement inquiry" means a lawful investigation or official proceeding inquiring into a violation of, or failure to comply with, any criminal or civil statute or any regulation, rule, or order issued pursuant thereto.
Page 129 - Whatsoever things I see or hear concerning the life of men, in my attendance on the sick or even apart therefrom, which ought not to be noised abroad, I will keep silence thereon, counting such things to be as sacred secrets.

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