HCS SS SCS SB 1041 -- PERSONAL HEALTH INFORMATION

SPONSOR:  Gibbons (Weter)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Crime
Prevention and Public Safety by a vote of 13 to 0.

This substitute creates the crime of knowingly obtaining,
receiving, or selling personal health information without consent
if the person:

(1)  Solicits, procures, attempts to procure, or conspires to
procure personal health information with the knowledge that the
person to whom the information pertains has not given consent to
do so; or

(2)  Sells, attempts to sell, or receives personal health
information by fraudulent, deceptive, or false means and without
the consent of the person to whom the information pertains.

Any insurance company, workers' compensation carrier, third-party
administrator, or employer administering or investigating a
workers' compensation claim will not be guilty of this crime if
they obtain, use, disclose, or permit access to personal health
information as permitted by state laws.

The crime will be a class D felony if committed against less than
five persons and a class C felony if committed against more than
five persons.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Less than
$100,000 in FY 2007, FY 2008, and FY 2009.  No impact on Other
State Funds in FY 2007, FY 2008, and FY 2009.

PROPONENTS:  Supporters say that the misuse of handling medical
records is a serious action which must be criminalized.

Testifying for the bill was Senator Gibbons.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say that although the bill
will permit insurance companies to continue their practices as
permitted by state law, the practices should also be permitted
under federal laws.

Others testifying on the bill was Blue Cross Blue Shield of
Missouri.

Kristina Jenkins, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:47 am