Privacy Act Amendments of 1979

(Reported to Senate from the Committee on Governmental Affairs with amendment, S. Rept. 96-935)

Privacy Act Amendments of 1980 - Exempts from the Privacy Act of 1974 medical records maintained by Federal medical service providers. Establishes a new set of procedures which require medical service providers to permit individuals to inspect and copy their medical records.

Includes within the coverage of this Act: hospitals, skilled nursing facilities, intermediate care facilities or ambulatory care facilities receiving Medicare or Medicaid funds, and Federal medicare service providers. Authorizes the Secretary of Health and Human Services to apply this Act by regulation to other entities receiving Medicare or Medicaid funds, health maintenance organizations (HMOs) receiving Federal assistance, and outpatient or ambulatory care facilities receiving Federal funds under the Public Health Service Act or other specified statutes.

Requires a service provider to provide patient access for purposes of inspection and/or copying within 30 days of a written request, except with respect to information which: (1) the provider has determined would be detrimental to the patient's health; (2) consists of psychiatric, psychological, or mental health therapy notes; (3) relates to an individual other than the patient; or (4) identifies a confidential source of information.

Directs the Secretary to establish procedures permitting an individual to contest the accuracy of, and correct, his or her medical records.

Prohibits a medical service provider from disclosing medical information or a patient identifier without authorization of the patient. Permits a provider to disclose the general health status of a patient unless such patient has made a written objection to such disclosure.

Defines the manner in which a patient may authorize disclosure of medical information. Allows a patient to withdraw such authorization by written notice. Imposes a two-year limitation on the duration of patient disclosure authorizations.

Sets forth the rights of incompetents and minors under this Act.

Permits a service provider to disclose patient information without authorization: (1) to aid a provider employee in the performance of his or her duties; (2) for health research, public health information, and auditing under specified circumstances; (3) for certain law enforcement functions including legally required reporting; (4) to the legal custodian or guardian of a minor or incompetent when appropriate; (5) to assist in the identification of a dead individual or to meet a bona fide medical emergency; (6) to the immediate family or other individuals having a personal relationship of a patient who is incapable of giving authorization for disclosure, in accordance with good medical practice; (7) pursuant to a judicial summons, subpoena, or search warrant, in accordance with specified procedures; and (8) with respect to veterans' or armed service benefits.

Prohibits a service provider from releasing information to a Governmental authority until such authority certifies that it has complied with this Act.

Requires a Governmental authority seeking information by judicial or administrative summons or subpoena to: (1) have reasonable grounds to believe such information is relevant to a legitimate law enforcement inquiry; and (2) provide the patient with notice and opportunity to challenge the disclosure in court.

Permits the Governmental authority to delay the notification requirement upon a finding that: (1) the investigation is lawful; (2) there is reason to believe the medical information is relevant to such inquiry; and (3) reasonable grounds exist to believe that notifying the individual will result in endangering someone's life or safety; flight from prosecution, destruction of evidence, intimidation of witnesses, or otherwise jeopardizing the investigation.

Provides for the format of the court proceedings on a motion to quash a subpoena or summons. Requires that the court in weighing the Government's need for the information against a patient's challenge, consider: (1) the purpose for which the service provider collected the information; (2) the degree to which disclosure injures or invades the patient's privacy; (3) the effect of the disclosure on the patient's future treatment; (4) the importance of the inquiry; and (5) any other relevant factors. Places the burden on the individual to show that his/her privacy interest outweighs the need for the information.

Permits a Government authority to obtain confidential information pursuant to a search warrant.

Makes this Act inapplicable to requests for confidential information by the Secret Service or intelligence agencies in the course of their foreign counter or positive intelligence functions.

Provides for emergency access to confidential information where a Government authority determines that delay would create imminent danger of physical injury, serious property damage, or flight to avoid prosecution.

Sets forth restrictions on the use of medical information by Federal grand juries.

Prohibits confidential information about a patient disclosed by a provider from being used in any administrative, civil or criminal action against the patient except an action directly related to the programs being audited.

Requires that a service provider notify each patient of the disclosure of information that is made without patient consent, of the patient's right of access to his or her records, and of other patient protections under this Act.

Allows a person whose rights have been violated under this Act to file a civil action in Federal district court for damages and equitable relief.

Establishes maximum criminal penalties of six months' imprisonment and/or a $10,000 fine for requesting or obtaining medical information under false pretenses or disclosing information except as provided in this Act.

Requires the Director of the Administrative Office of the U.S. Courts to report annually to Congress on the number of notification delays filed by the Government and the number of motions to quash filed with respect to Government requests for information.

Directs each Government authority requesting access to information of a patient from a provider to report annually to Congress on such requests.

Prohibits State or local law from authorizing the disclosure of medical information which is prohibited under this Act, but allows a State to prohibit a disclosure which is permitted by this Act.