HCS HB 1425 -- HEALTH RECORDS (Smith)

This substitute prohibits the selling of personal health
information to a third party and prohibits any disclosure of this
information to a third party for the purpose of (1)  marketing a
product or service; (2)  employment decisions; or (3)  credit
worthiness.  The substitute does not apply in cases where the
person cannot be identified from the information, the person
provides written authorization, or when disclosure of this
information is necessary to comply with any other law or court
order.  The substitute exempts consumer reporting agencies and
debt collectors and exempts businesses that are providing this
information as part of the sale or merger of a business.

Insurance entities are deemed to be in compliance with the
substitute upon either (1)  demonstrating a good faith effort to
comply with federal privacy rules; or (2)  complying with model
legislation adopted by the National Association of Insurance
Commissioners.  The Department of Insurance will enforce the
substitute regarding insurance entities, who may be sued for
unfair trade practices.  Any other person in violation may be
fined up to $500 for each violation and may be civilly liable for
damages up to $2,000,000, and subject to equitable relief.

FISCAL NOTE:  No impact on state funds.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:01 am