Privacy of Medical Information Act of 1977 - Amends title XI of the Social Security Act to direct the Secretary of Health, Education, and Welfare to require each medical care institution participating in the Medicaid or Medicare program to implement procedures which meet personal medical information.
Requires medical care institutions to afford an individual (or his designated representative) a reasonable opportunity to inspect his personal medical information file. Permits the parents or guardian of a minor child to inspect the file of such minor, except that portion of the file which relates to: (1) venereal diseases of the minor; (2) family planning services (including abortion) sought and received by such minor; (3) alcohol or drug abuse services; and (4) any other medical services sought by the minor without the prior approval of his parent or guardian. Requires that the individual seeking disclosure of his personal medical information file sign and date a written authorization which permits a medical care institution to disclose specific information to specified persons for a specified period of time and requires further that such institution maintain a record of all such disclosures.
Makes it the duty of medical care institutions to maintain accurate, relevant, timely, and complete files and to grant to individuals the right to request changes in their files. Requires such institutions either to make the requested changes and notify the individual of the change or to supply the individual with the reasons why such changes were not made and with an opportunity to file a statement disagreeing with the institution's refusal. Prohibits an institution from refusing to make a requested change if such a change would make an individual's file accurate, relevant, timely, or complete.
Requires medical care institutions to disclose to individuals with personal medical information on file the use to which such files may be put without their prior authorization.
Permits disclosure of personal medical information files without authorization: (1) for consultation; (2) for compelling circumstances involving an individual's health and safety; (3) for audits, evaluations, and biomedical and epidemiological research; (4) to comply with public reporting statutes; (5) to supply admission and health status information; and (6) to comply with a lawful judicial or administrative subpena.
Authorizes an officer or agent of the United States to obtain personal medical information files by judicial or administrative subpena if such subpena is authorized by law and identifies the information sought with reasonable particularity and if the information sought is maintained by the medical-care institution pursuant to a statute or regulation or constitutes material evidence in the prosecution of a violation of a Federal law. Allows an individual whose file is sought by subpena to challenge the issuance of the subpena.
Excludes from evidence in a proceeding before any court or agency personal medical information obtained in violation of the provisions of this Act.
Establishes civil remedies for an individual aggrieved by a violation of this Act and specifies criminal penalties for officials or employees of the Federal Government who disclose personal medical information in violation of this Act.
Limits the transfer of personal medical information among agencies to that information which is necessary for the preparation of a proceeding brought to enforce a specific Federal statute.
Includes within the definition of the Federal crime of mail fraud the procurement of medical information by false or fraudulent pretenses.
Introduced in House
Introduced in House
Referred to House Committee on Interstate and Foreign Commerce.
Referred to House Committee on Ways and Means.
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