SECOND REGULAR SESSION
[PERFECTED]
HOUSE COMMITTEE SUBSTITUTE FOR
95TH GENERAL ASSEMBLY
4043L.03P D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 191, RSMo, by adding thereto one new section relating to the Missouri patient privacy act.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 191, RSMo, is amended by adding thereto one new section, to be known as section 191.015, to read as follows:
191.015. 1. This section shall be known and may be cited as the "Missouri Patient Privacy Act".
2. As used in this section, the following terms shall mean:
(1) "Disease state management programs", delivery of services for patients with chronic illness, including education, health management support, and coordination of health care services;
(2) "Health care provider", any corporation organized for the primary purpose of maintaining medical information for treatment or diagnosis, or to allow an individual to manage his or her information, including but not limited to a physician, hospital, health maintenance organization, ambulatory surgical center, long-term care facility including facilities licensed under chapter 198, dentist, registered or licensed practical nurse, optometrist, podiatrist, pharmacist, chiropractor, professional physical therapist, psychologist, physician in training, or any other person or entity that provides health care services under the authority of a license or certificate;
(3) "Personal health information", any information, in electronic or physical form, including demographic information collected from an individual, that relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual, and:
(a) Identifies the individual; or
(b) With respect to which there is a reasonable basis to believe that the information can be used to identify the individual.
3. No personal health information of a patient which can be identified as specific to such patient shall be disclosed to any employer, public or private payor, or employee or agent of a state department or agency without the written consent of the patient, excluding information submitted as part of a medical claim; except that, such information may be disclosed to a health insurer, labor benefit trust, employer, state employee, the Missouri consolidated health care plan, the department of health and senior services, the department of insurance, financial institutions and professional registration, or the MO HealthNet division within the department of social services, or agents of such entities, in connection with the performance of such employee's official duties. Such official duties shall be for purposes allowed under 45 CFR 164.512, as amended, including but not limited to:
(1) Oversight of state health programs, including disease state management programs;
(2) Tracking of infectious or communicable diseases throughout the state;
(3) State wellness initiatives and programs;
(4) Research state medical trends; and
(5) Programs accessing the quality and affordability of health care.
4. Nothing in this section shall be construed as prohibiting disclosure of personal health information of a patient consistent with federal law, including the federal Health Insurance Portability and Accountability Act (HIPAA) and the privacy rules set forth in this section.
5. No health care provider shall be required to redact information when disclosing personal health information under this section.
•