[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1497 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 1497
To amend title 18, United States Code, to preserve personal privacy
with respect to information contained in prescription drug records.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 25, 1993
Mr. Stark introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to preserve personal privacy
with respect to information contained in prescription drug records.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Records Privacy
Protection Act of 1993''.
SEC. 2. WRONGFUL DISCLOSURE OF INFORMATION CONTAINED IN PRESCRIPTION
DRUG RECORDS.
(a) In General.--Chapter 121 of title 18, United States Code, is
amended--
(1) by redesignating section 2711 as section 2712; and
(2) by inserting after section 2710 the following new
section:
``Sec. 2711. Wrongful disclosure of information contained in
prescription drug records
``(a) In General.--Subject to subsection (b), a retailer,
physician, or administrator of a health benefit plan who knowingly
discloses, to any person, personally identifiable information contained
in a prescription drug record of an individual shall be liable to such
individual for the relief provided in subsection (c).
``(b) Exceptions.--
``(1) In general.--A retailer, physician, or administrator
of a health benefit plan may disclose personally identifiable
information contained in a prescription drug record of an
individual--
``(A) to the individual;
``(B) to any person, with the informed, written
consent of the individual given at the time the
disclosure is sought;
``(C) to a law enforcement agency pursuant to a
warrant issued under the Federal Rules of Criminal
Procedure, an equivalent State warrant, a grand jury
subpoena, or a court order;
``(D) to a law enforcement agency or a health care
agency for the purpose of addressing illegal drug
diversion or improving prescribing practices;
``(E) pursuant to a court order, in a civil
proceeding upon a showing of compelling need for the
information that cannot be accommodated by any other
means, if--
``(i) the individual is given reasonable
notice, by the person seeking the disclosure,
of the court proceeding relevant to the
issuance of the court order; and
``(ii) the individual is afforded the
opportunity to appear and contest the claim of
the person seeking the disclosure; or
``(F) to any person involved in the administration
and review of health care services provided to the
individual.
``(2) Additional safeguards.--
``(A) Order issued under paragraph (1)(c) or
(1)(e).--If an order is granted pursuant to paragraph
(1)(C) or (1)(E), the court shall impose appropriate
safeguards against unauthorized disclosure.
``(B) Court order issued under paragraph (1)(c).--
Court orders authorizing disclosure under paragraph
(1)(C) shall issue only with prior notice to the
individual and only if the law enforcement agency shows
that there is probable cause to believe that the
records or other information sought are relevant to a
legitimate law enforcement inquiry. In the case of a
State government authority, such a court order shall
not issue if prohibited by the law of such State. A
court issuing an order pursuant to this section, on a
motion made promptly by a retailer, physician, or
administrator of a health benefit plan, may quash or
modify such order if the information or records
requested are unreasonably voluminous in nature or if
compliance with such order otherwise would cause an
unreasonable burden on such retailer, physician, or
administrator of a health benefit plan.
``(c) Civil Action.--
``(1) In general.--Any individual aggrieved by any act of
an individual in violation of subsection (a) may bring a civil
action in a district court of the United States.
``(2) Damages.--The court may award--
``(A) actual damages;
``(B) punitive damages;
``(C) reasonable attorneys' fees and other
litigation costs reasonably incurred; and
``(D) such other preliminary and equitable relief
as the court determines to be appropriate.
``(3) Limitation.--No action may be brought under paragraph
(1) unless such action is begun within 2 years from the date of
the act complained of or the date of discovery of such act.
``(d) Definitions.--For purposes of this section, the following
definitions apply:
``(1) Health benefit plan.--The term `health benefit plan'
means an employee welfare benefit plan providing medical care
to participants or beneficiaries directly or through insurance,
reimbursement, or any other hospital or medical expense
incurred policy or certificate, hospital or medical service
plan contract, or health maintenance subscriber contract.
``(2) Personally identifiable information.--The term
`personally identifiable information' means information
relating to the diagnosis or treatment of any illness,
disability, injury, or condition of an individual which
discloses the identity of such individual.
``(3) Retailer.--The term `retailer' means an individual
licensed by a State as a pharmacist to compound, dispense, or
sell any drug, chemical, poison, or pharmaceutical preparation
upon the prescription of a physician, and or one who is engaged
in the business, in or affecting interstate or foreign
commerce, of providing pharmaceutical products and services.
Such term includes an individual providing such services at a
hospital.
``(4) Physician.--The term `physician' means an individual
licensed by a State as a doctor of medicine, osteopathy,
podiatry, dental surgery, or medical dentistry to practice
medicine and surgery or dentistry, and who is engaged in the
business, in or affecting interstate or foreign commerce, of
providing health care services.
``(5) Prescription drug.--The term `prescription drug'
means a drug (as defined in section 201(g)(1) of the Federal
Food, Drug, and Cosmetic Act) (21 U.S.C. 321(g)(1)) which is
subject to regulation under section 503(b) of such Act.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 121 of title 18, United States Code, is amended--
(1) in the item relating to section 2711, by striking
``2711'' and inserting ``2712''; and
(2) by inserting after the item relating to 2710 the
following new item:
``2711. Wrongful disclosure of information contained in prescription
drug records.''.
(c) Effective Date.--The amendments made by this Act shall take
effect on the 180th day following the date of the enactment of this
Act.
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