HB 536 -- Non-Public Personal Health Information

Co-Sponsors:  Bishop, Sager, LeVota, Zweifel, Jones, Carnahan,
Wilson (42), Fraser, Willoughby, Brooks, Dougherty, Jolly

This bill prohibits the selling or any disclosure of personal
health information to a third party for the purpose of:  (1)
marketing a product or service; (2)  making employment decisions;
(3)  determining credit worthiness; or (4)  maliciously causing
harm to the person.  The bill does not apply in cases where the
person cannot be identified from the information or when
disclosure of this information is necessary to comply with any
other law or court order.  The person may provide written
authorization for the disclosure of his or her information, which
will be valid for one year.  The bill exempts consumer reporting
agencies and debt collectors and exempts businesses that are
providing this information as part of the sale or merger of a
business.  Insurance entities are deemed to be in compliance with
the bill upon either:  (1)  demonstrating a good faith effort to
comply with federal privacy rules; or (2)  complying with model
legislation adopted by the National Association of Insurance
Commissioners.  The Department of Insurance will enforce the bill
regarding insurance entities, who may be sued for unfair trade
practices.  All other violators will be prosecuted by the state
agency with primary regulatory authority over the person or, if
there is none, the Attorney General.  Persons in violation may be
fined up to $500 for each violation.  These fines will be paid
into the school fund.

Missouri House of Representatives
Last Updated July 25, 2003 at 10:12 am