To amend the Federal Rules of Evidence to create an explicit privilege to preserve medical privacy.

September 22, 2004

Mr. NADLER (for himself, Mr. SHAYS, Mrs. LOWEY, Mr. RUPPERSBERGER, Mr. FILNER, Ms. BALDWIN, Mr. GRIJALVA, Mr. GEORGE MILLER of California, Mr. MORAN of Virginia, Mr. SERRANO, Mr. CROWLEY, Mrs. MALONEY, Mr. OLVER, Mr. ABERCROMBIE, Mr. WAXMAN, Mr. KUCINICH, Mrs. DAVIS of California, Mr. MCDERMOTT, and Mr. GORDON) introduced the following bill; which was referred to the Committee on the Judiciary

To amend the Federal Rules of Evidence to create an explicit privilege to preserve medical privacy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Patients' Privacy Protection Act of 2004'.

SEC. 2. HEALTH CARE PROVIDER-PATIENT PRIVILEGE.

(a) IN GENERAL- Article V of the Federal Rules of Evidence is amended by adding at the end the following:

`Rule 502. Health Care Provider and Patient

`(a) Except as provided in subdivision (b), a patient has a privilege with respect to any evidence consisting of a confidential communication or record made in the course of medical treatment.

`(b)(1) A court may order the disclosure of a communication or record otherwise privileged under this rule, to the extent the court determines, after the individual who is the subject of the information in the communication or record has been provided with notice and an opportunity to raise objections, that the public interest in disclosure significantly outweighs the patient's privacy interests.

`(2) If the court orders disclosure under this subdivision, the court shall, to the greatest practicable extent, ensure that the personally identifiable information in the communication or record is redacted, and that the patient's communications and records remain under seal.

`(c) The exception in subdivision (b) does not apply to any other privilege, provided by these rules or other law, with respect to a communication or record subject to the privilege created by this rule.

`(d) As used in this rule, the term `medical treatment' means medical treatment of the patient by a duly licensed health care provider.'.

(b) CLERICAL AMENDMENT- The table of contents at the beginning of the Federal Rules of Evidence is amended by inserting after the item relating to rule 501 the following:

`Rule 502. Health care provider and patient.'.

END