Fair Health Information Practices Act of 1997

TABLE OF CONTENTS:

Title I: Fair Health Information Practices

Subtitle A: Duties of Health Information Trustees

Subtitle B: Use and Disclosure of Protected Health

Information

Subtitle C: Access Procedures and Challenge Rights

Subtitle D: Miscellaneous Provisions

Subtitle E: Enforcement

Title II: Amendments to Title 5, United States Code

Title III: Regulations, Research, and Education; Effective

Dates; Applicability; and Relationship to Other Laws

Fair Health Information Practices Act of 1997 - Title I: Fair Health Information Practices - Subtitle A: Duties of Health Information Trustees - Requires, subject to exceptions, health care providers, health oversight agencies, health benefit plan sponsors, or public health authorities to permit an individual to examine his or her own protected health information (physical or mental health records created or received by a health care provider, a health benefit plan sponsor, health oversight agency, or public health authority). Excepts certain mental health or other records which may endanger the individual. Sets forth provisions concerning: (1) notice of information practices; (2) disclosure histories; and (3) security.

Subtitle B: Use and Disclosure of Protected Information - Sets forth the general rule that health information trustees (health care providers, health oversight agencies, health benefit plan sponsors, public health authorities, and health researchers) may use protected information only for a purpose: (1) that is compatible with and directly related to the purpose for which the information was collected or received by the trustee; or (2) for which the trustee has received disclosure authorization. Makes exceptions regarding: (1) next of kin and directory information; (2) public health; (3) health research; (4) emergencies; (5) judicial and administrative purposes; (6) law enforcement; and (7) subpoenas, warrants, and search warrants.

Subtitle C: Access Procedures and Challenge Rights - Sets forth access and challenge procedures for subpoenas, warrants, and search warrants concerning protected health information.

Subtitle D: Miscellaneous Provisions - Permits a health information trustee to disclose only such information as is necessary to process a payment when payment is made by a debit, credit, or other payment card.

(Sec. 143) Mandates establishment of electronic documents transmission, receipt, and maintenance standards.

(Sec. 147) Directs a State to establish a process under which any created or recorded protected health information is delivered to and maintained by the State or its designated entity.

Subtitle E: Enforcement - Sets forth civil and criminal penalties for violations of this Act's provisions. Mandates alternative dispute resolution methods to resolve the civil complaints.

Title II: Amendments to Title 5, United States Code - Amends provisions of title 5 (Government Organization and Employees) of the United States Code concerning agency records maintained on individuals to direct the head of any agency that is a health information trustee to promulgate rules to exempt a system of records within the agency from stated provisions of title 5, to the extent that the such system contains protected health information.

Title III: Regulations, Research, and Education; Effective Dates; Applicability; and Relationship to Other Laws - Authorizes the Secretary to sponsor research concerning protected health information. Directs the Secretary to establish education and awareness programs concerning such information. Establishes, in the Office of the Secretary, the Office of Information Privacy.

(Sec. 303) Sets forth provisions concerning: (1) the applicability of the provisions of this Act to protected health information; and (2) the relationship of the provisions of this Act to other laws.