Cardin: New Privacy Rule Permits Congressional Offices to Help Constituents Cut Through Red Tape

Wednesday July 09, 2003

WASHINGTON – U.S. Rep. Benjamin L. Cardin has announced that congressional staffs may continue to assist constituents with health care matters without requiring them to complete burdensome paperwork stemming from the privacy rule that took effect on April 14, 2003.

The new Health Insurance Portability and Accountability Act (HIPAA) rule has left health care providers and patients confused about the procedures required to protect patients’ privacy. Rep. Cardin asked HHS Secretary Tommy Thompson to explain the rule’s effect on casework involving personal health information, such as insurance statements and providers’ bills.

"The U.S. health care system is a confusing maze for many people. As a member of Congress, I am privileged to be able to help my constituents navigate the system," said Rep. Cardin, a health care leader in the House of Representatives. "The HIPAA rule should protect patients, not create roadblocks that prevent them from getting the assistance they need."

In April, insurance company representatives told the Congressman’s staff that the rule prohibited them from discussing individual constituents’ cases unless the patient had completed an authorization specifically created by that insurer. Rep. Cardin then wrote to Secretary Thompson requesting clarification of the rule’s impact on Congressional casework.

On June 23, the Secretary responded as follows, citing 45 C.F.R. §164.510(b)(2) of the Privacy Rule:

"When a constituent sends a letter or e-mail to a Congressional office requesting intervention with respect to a health care claim, the covered entity could certainly conclude, on that basis, that the constituent has identified the Congressional office or staffer as involved in the constituents’ behalf, and therefore disclose information directly relevant to that involvement."

"Unfortunately, the public has not been fully informed about the medical privacy rule and how it should be implemented. As a result, providers and their patients are experiencing needless complications in their day-to-day interactions with the health care system. I am pleased that Secretary Thompson made clear that Congressional offices can continue to provide assistance to constituents who want our help."