HS/HB 891 - This act prohibits the disclosure of health information without the consent of the person to whom such information pertains. A new Section 191.940 prohibits the release of such information for the purpose of:

1) Disclosure in exchange for consideration; 2) Marketing of services or goods; 3) Employment-related decisions; 4) Extension of credit; or 5) Otherwise unrelated to a legitimate need for the information.

This section does not prohibit the release of health information as required by state or federal law. Any person who violates this section will be fined up to $500 per violation. Until April 14, 2003, to the extent a person other than a licensee complies with federal or specific model privacy rules, such person will be deemed in compliance with this section upon showing a good faith effort. The Director of the Department of Insurance will enforce this section.

The Commission on Health Information Privacy is created to study the issue of health information privacy. The Commission will consist of fifteen members and must make a recommendation to the General Assembly by January 1, 2003.

This act will be effective on January 1, 2002.
ERIN MOTLEY