Creates provisions relating to the privacy rights of patients

SECOND REGULAR SESSION
HOUSE BILL NO. 2606
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE CA TO N.
5232H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 191, RSMo, by adding thereto one new section relating to the privacy
rights of patients.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 191, RSMo, is amended by adding thereto one new section, to be
2 known as section 191.220, to read as follows:
191.220. 1. As used in this section, the following terms mean:
2 (1) "De-identified data" or "limited data set", information that has been
3 stripped of dir ect patient identifiers as described in 45 CFR 164.514;
4 (2) "Health car e pr ovider", the same meaning given to the term in section
5 376.1350;
6 (3) "Health records" , any information, in any form, that rel ates to the past,
7 pr esent, or futur e physical or mental health or condition of a patient;
8 (4) "Informed consent", a signed and dated written authorization by the patient,
9 or the patient's legally authorized r epresent ative, specifying the purpose, scope, and
10 r ecipients of the information being disclosed;
11 (5) "Medical emergency", any period of time in which:
12 (a) A patient is experiencing an emergency medical condition, as defined in
13 section 376.1350; and
14 (b) Neither the patient nor the patient's legally authorized repr esentative is able
15 to prov ide informed consent for the disclosur e of health r ecords.
16 2. A patient r etains ownership rights over the patient's health record s. A health
17 car e pr ovider is the custodian of the rec ords but shall not disclose, transmit, or use a
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 patient's health r ecords without the patient's informed consent unless specifically
19 authorized by state law .
20 3. (1) A health car e prov ider , or any person or entity recei ving health r ecords
21 fr om a health car e prov ider , shall not rele ase, disclose, or share a patient's health
22 r ecords without:
23 (a) The informed consent of the patient or the patient's legally authorized
24 r epresent ative;
25 (b) Specific authorization in state law; or
26 (c) A documented rep rese ntation fr om another health care provi der holding a
27 valid informed consent under state law .
28 (2) Notwithstanding subdivision (1) of this subsection, a health car e provi der
29 may disclose a patient's health reco rds during a medical emergency to the extent
30 necessary for the immediate care and tr eatment of the patient.
31 (3) A health car e pr ovider shall not condition tr eatment of a patient on the
32 patient's decision to grant or withhold consent for the release of the patient's health
33 r ecords.
34 4. No patient health re cords, including any de-identified data or limited data
35 sets, shall be used for rese arch purposes unless the patient has pr ovided informed
36 consent specifically authorizing such use. Blanket consents and opt-out mechanisms
37 shall not satisfy this req uir ement.
38 5. (1) A patient whose rights under this section are violated may bring a civil
39 action for actual damages, injunctive relief, and re asonable attorney's fees and court
40 costs.
41 (2) A prevai ling patient may also recover liquidated damages of no less than one
42 thousand dollars and up to ten thousand dollars for each occurr ence of unauthorized
43 disclosur e or failur e to obtain prop er informed consent.
✔
HB 2606 2