HB 891 -- DISCLOSURE OF HEALTH INFORMATION

SPONSOR:  Smith

COMMITTEE ACTION:  Voted "do pass" by the Committee on Civil and
Administrative Law by a vote of 14 to 0.

This bill prohibits the disclosure of individually identifiable
health information if the information is created, stored, or
received by any person in the ordinary course of business,
practice of a profession, or rendering a service.  The
disclosure of the information may occur upon written
authorization of the person to whom the information pertains or
an authorized representative.

The provisions of the bill exempt:

(1)  Statistical data compiled without the identity of
individuals;

(2)  Health research conducted according to certain guidelines;

(3)  Information which is released as required by statute,
regulation, or legal process;

(4)  Information which is released for emergency situations;

(5)  Information which is released for the purpose of body
identification;

(6)  Information which is released in connection with the
provision of physical or mental health care services to a
person; and

(7)  Information which is released by a licensee for the
performance of insurance functions.

Any person who violates the provisions of the bill will be fined
not more than $500 for each violation and may be liable in a
civil action for damages or equitable relief.

The Director of the Department of Insurance is required to
enforce the provisions of the bill with respect to licensees,
which includes treating violations as unfair trade practices
under Sections 375.930 to 375.948, RSMo.

The provisions of the bill will become effective January 1, 2002.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that technology makes it easier to
disseminate health information.  There are no protections in
current state law to keep health information confidential.
Insurers are already working to comply with the bill.

Testifying for the bill were Representative Smith; Department of
Insurance; Department of Health; and Governor's Office.

OPPONENTS:  Those who oppose the bill say that its provisions
are unclear, making it hard to determine what it would take to
comply.

Testifying against the bill was Missouri Insurance Coalition.

Richard Smreker, Senior Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:46 am