SF 2397 (LSB 6689XS (3) 91)

SENATE FILE 2397

BY  BENNETT, WAHLS, WEINER, and TOWNSEND

A BILL FOR

An Act relating to a public entity’s purchase or collection of health information from an entity not subject to the federal Health Insurance Portability and Accountability Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  22B.1  Protection of consumer health information —— public agencies.
   1.  As used in this chapter, unless the context otherwise requires:
   a.  “Health information” means the same as defined in 45 C.F.R. §160.103.
   b.  “Public agency” means the same as defined in section 22A.1.
   2.  A public agency shall not purchase or otherwise seek to collect health information from an entity that is not subject to the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and regulations promulgated under the Act, regardless of whether the entity has secured approval from an individual to share the individual’s health information.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prevents a public agency from purchasing or collecting health information from an entity that is not subject to the federal Health Insurance Portability and Accountability Act of 1996, regardless of whether the entity has secured approval from an individual to share the individual’s health information. The bill defines health information and public agency.