To establish Federal penalties for prohibited uses and disclosures of individually identifiable health information, to establish a right in an individual to inspect and copy their own health information, and for other purposes.
TABLE OF CONTENTS:
Title I: Restrictions on Use and Disclosure
Title II: Individuals Rights
Title III: Enforcement
Title IV: General Provisions
Consumer Health and Research Technology (CHART) Protection Act - Title: Restrictions on Use and Disclosure - Sets forth the following prohibitions (and stated exceptions) with respect to individually identifiable health information: (1) disclosure in absence of, or inconsistent with, authorization; (2) failure to provide for reasonable protections against prohibited disclosures; (3) failure to implement written compliance policies; (4) failure to enter into written agreement with business associates respecting compliance; (5) noncomplying research disclosures; (6) use of anonymized information; (7) disclosure in a civil or criminal proceeding; (8) sale or commercial publication; and (9) fraud or misrepresentation.
(Sec. 102) Sets forth use and disclosure rules for: (1) anonymized information; (2) civil and criminal proceedings; (3) archival research; and (4) general authorization of information disclosure.
Title II: Individuals' Rights - Requires, with exceptions, an health organization, insurer, employer, or school to permit an individual or designee to inspect and copy his or her individually identifiable health information, subject to other laws limiting or prohibiting such disclosure. Sets forth disclosure conditions, including confidentiality practices.
Title III: Enforcement - Sets forth criminal penalties for obtaining, using, or disclosing individually identifiable health information in violation of this Act.
(Sec. 302) Provides an aggrieved individual with a private right of civil action.
(Sec. 303) Amends the Social Security Act to exclude an individual or entity from participation in Federal and State health care programs for failure to comply with this Act.
Amends Federal law to exclude a provider from participation in the Federal employees health benefits program for failure to comply with this Act.
Title IV: General Provisions - Directs the National Committee on Vital and Health Statistics to promulgate standards for electronic disclosure of individually identifiable health information.
(Sec. 402) Authorizes an individual's legal representative to act on his or her behalf under this Act.
(Sec. 403) Sets forth the relationship of this Act to: (1) general State and Federal law; (2) clinical research and medical privacy; and (3) certain Federal agencies.
(Sec. 406) Defines specified terms.
Introduced in House
Introduced in House
Referred to House Commerce
Referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, and Government Reform and Oversight, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Ways and Means
Referred to House Government Reform
Referred to the Subcommittee on Health and Environment.
Referred to the Subcommittee on Health.
Re-referred to the Subcommittee on Government Management, Information and Technology.
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