SEC. 264. RECOMMENDATIONS WITH RESPECT TO PRIVACY OF
CERTAIN HEALTH INFORMATION.
(a) IN GENERAL.--Not later than the date that is 12 months after the date of
the enactment of this Act, the Secretary of Health and Human Services shall
submit to the Committee on Labor and Human Resources and the Committee on
Finance of the Senate and the Committee on Commerce and the Committee on Ways
and Means of the House of Representatives detailed recommendations on standards
with respect to the privacy of individually identifiable health
information.
(b) SUBJECTS FOR RECOMMENDATIONS.--The recommendations under subsection (a)
shall address at least the following:
(1) The rights that an individual who is a subject of
individually
identifiable health information should have.
(2) The procedures that should be established for the exercise of such
rights.
(3) The uses and disclosures of such information that should be authorized
or required.
(c) REGULATIONS.--
(1) IN GENERAL.--If legislation governing
standards with respect to the
privacy of individually identifiable health information transmitted in
connection with the transactions described in section 1173(a) of the Social
Security Act (as added by section 262) is not enacted by the date that is 36
months after the date of the enactment of this Act, the Secretary of Health
and Human Services shall promulgate final regulations containing such
standards not later than the date that is 42 months after the date of the
enactment of this Act. Such regulations shall address at least the subjects
described in subsection (b).
(2) PREEMPTION.--A regulation promulgated under paragraph (1) shall not
supercede a contrary provision of State law, if the provision of State law
imposes requirements, standards, or implementation specifications that are
more stringent than the requirements, standards, or implementation
specifications imposed under the regulation.
(d) CONSULTATION.--In carrying out this section, the Secretary of Health and
Human Services shall consult with--
(1) the National Committee on Vital and Health Statistics established under
section 306(k) of the Public Health Service Act (42 U.S.C. 242k(k)); and
(2) the Attorney General.
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