Protect Our Health Privacy Act
The source supplies the latest action, but no lifecycle stage.
Latest action (27 Jun 2012): Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
What this bill does
S. 3351, the Protect Our Health Privacy Act, would amend the American Recovery and Reinvestment Act of 2009 to strengthen federal oversight of electronic health information privacy and security. It would expand required reporting on health data breaches, including details on the types of information involved and actions taken, and would require additional reporting by the Department of Health and Human Services and the Department of Justice on complaint handling, enforcement outcomes, and referrals for criminal enforcement. The bill would also direct HHS to require encryption or similar protection for health information stored on portable devices such as laptops, tablets, and thumb drives, and to apply "minimum necessary" data-use limits to business associates handling health information on behalf of covered entities. Additionally, it would create a Health Information Technology Improvement Initiative requiring HHS to issue rules on health IT safety, interoperability, and adverse event reporting.
The bill would primarily affect health care providers, health plans, and their business associates (such as contractors handling patient data), health IT vendors, and federal agencies responsible for privacy enforcement, including HHS and the Department of Justice. Patients would be indirectly affected through stronger safeguards for their health information and more public reporting on breaches and enforcement.
The bill was introduced in the Senate on June 27, 2012, by Senator Al Franken and referred to the Committee on Health, Education, Labor, and Pensions. It did not receive a vote and did not become law before the end of the 112th Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Protect Our Health Privacy Act - Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to expand requirements for reports to Congress on acquisition or disclosure of unsecured protected health information in a breach to include: (1) descriptions of types of such information involved in each breach; and (2) the identity of the covered entity involved in each breach or, if the breach affected fewer than 500 individuals, the kind of covered entity involved.
Revises requirements for the annual compliance report concerning informally resolved complaints of violations relating to privacy and security of health information to require: (1) a summary of the most common types of complaints resolved, (2) statements of the average amount of time between receipt of a complaint to its resolution by category and examples, (3) additional reporting of federal and state enforcement actions and priorities.
Requires the Attorney General to report annually to Congress, and to publish, a study of complaints of alleged violations concerning wrongful disclosure of individually identifiable health information referred to the Department of Justice (DOJ) by the Department of Health and Human Services (HHS), the Federal Bureau of Investigation (FBI), or another state or federal agency.
Includes portable media devices in guidance issued by the Secretary concerning technologies and methodologies rendering protected health information unusable by unauthorized individuals. Directs the Secretary to issue regulations requiring covered entities and their business associates to render protected health information stored on such media unusable by unauthorized individuals.
Provides rules for application of regulations concerning health information privacy to use by business associates of covered entities.
Amends the Public Health Service Act to require the Secretary to issue regulations to improve the safety, interoperability, and utility of health information technology systems, including: (1) a system to track the effect of health information technology on patients' health, and (2) minimum quality and risk management requirements for technology vendors.
Requires promulgation of regulations by an HHS-designated agency concerning a health information technology adverse health event reporting program and database and reports by such agency on its findings to industry and policymakers.
Timeline
27 Jun 2012
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Common questions
- What does S. 3351 do?
- S. 3351, the Protect Our Health Privacy Act, would amend the American Recovery and Reinvestment Act of 2009 to strengthen federal oversight of electronic health information privacy and security. It would expand required reporting on health data breaches, including details on the types of information involved and actions taken, and would require additional reporting by the Department of Health and Human Services and the Department of Justice on complaint handling, enforcement outcomes, and referrals for criminal enforcement. The bill would also direct HHS to require encryption or similar protection for health information stored on portable devices such as laptops, tablets, and thumb drives, and to apply "minimum necessary" data-use limits to business associates handling health information on behalf of covered entities. Additionally, it would create a Health Information Technology Improvement Initiative requiring HHS to issue rules on health IT safety, interoperability, and adverse event reporting. The bill would primarily affect health care providers, health plans, and their business associates (such as contractors handling patient data), health IT vendors, and federal agencies responsible for privacy enforcement, including HHS and the Department of Justice. Patients would be indirectly affected through stronger safeguards for their health information and more public reporting on breaches and enforcement. The bill was introduced in the Senate on June 27, 2012, by Senator Al Franken and referred to the Committee on Health, Education, Labor, and Pensions. It did not receive a vote and did not become law before the end of the 112th Congress.
- Has S. 3351 become law?
- The source does not supply a confirmed lifecycle stage for S. 3351. Check the latest action and official source below.
- Who sponsored S. 3351?
- S. 3351 was sponsored by Sen. Franken, Al [D-MN] (D-MN), with 0 cosponsors.
- What's the latest action on S. 3351?
- Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (27 Jun 2012).
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