Medical Privacy in the Age of New Technologies Act of 1997

TABLE OF CONTENTS:

Title I: Individuals' Rights'

Subtitle A: Review of Protected Health Information by

Subjects of the Information

Subtitle B: Establishment of Safeguards

Title II: Restrictions on Use and Disclosure

Title III: Sanctions

Subtitle A: Civil Sanctions

Subtitle B: Criminal Sanctions

Title IV: Miscellaneous

Medical Privacy in the Age of New Technologies Act of 1997 - Defines "health information trustee" (HIT) to mean a person or entity that creates, receives, obtains, maintains, uses, or transmits protected health information (PHI) and any employee, agent, or contractor of such a person.

Title I: Individuals' Rights - Subtitle A: Review of Protected Health Information by Subjects of the Information - Requires a HIT to permit an individual who is the subject of PHI to inspect and copy the information, subject to cost reimbursement and exceptions.

Subtitle B: Establishment of Safeguards - Requires a HIT to maintain: (1) administrative, technical, and physical confidentiality and accuracy safeguards; and (2) a record of any PHI disclosure not related to treatment. Prohibits HIT retaliation for actions under this Act.

Title II: Restrictions on Use and Disclosure - Prohibits disclosures except: (1) as allowed under this title; (2) as compatible with the purposes for which the information was obtained or for the specific purpose for which an individual authorized disclosure; and (3) in the minimum amount necessary to accomplish the disclosure's purpose.

(Sec. 202) Regulates disclosure authorizations, the disclosure of nonidentifiable information, and the creation of coded information.

(Sec. 205) Specifies the criteria for disclosure: (1) to an individual's next of kin; (2) regarding directory information to any person; (3) in emergencies placing the information subject or another individual at serious risk; (4) to a health oversight agency; (5) to an accrediting body; (6) by a health care provider to a public health authority; (7) by a HIT to a health researcher; (8) by specified entities in connection with certain judicial and administrative proceedings; (9) by specified entities pursuant to a subpoena; and (10) by specified entities regarding subpoenas and warrants.

Title III: Sanctions - Subtitle A: Civil Sanctions - Imposes a civil penalty for material failure to comply with this Act. Provides, if the violations have occurred with such frequency as to constitute a general business practice, for a higher civil penalty or exclusion from Medicare and Medicaid (titles XVIII and XIX of the Social Security Act) or any other federally funded health care programs.

(Sec. 302) Allows an individual aggrieved by a violation of this Act to bring a civil action for preliminary and equitable relief, actual or liquidated damages, and punitive damages. Allows assessment of attorney's fees.

Subtitle B: Criminal Sanctions - Provides for criminal fines, imprisonment, or exclusion from Medicare, Medicaid, or any other Federally funded health care program (or some combination of those penalties) for violations of this Act or this title.

Title IV: Miscellaneous - Provides for: (1) the promulgation of regulations (and establishment of a related advisory group); and (2) the relationship of this Act to other laws.