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By Mrs. Walrath of Stow, petition (accompanied by bill, House, No. 1761) of Patricia A. Walrath and others for legislation to further regulate the disclosure of medical records. The Judiciary. |
The Commonwealth of Massachusetts
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PETITION OF:
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By Mrs. Walrath of Stow, petition (accompanied by bill, House, No. 1761) of Patricia A. Walrath and others for legislation to further regulate the disclosure of medical records. The Judiciary. |
The Commonwealth of Massachusetts
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PETITION OF:
Brian A. Joyce
Douglas W. Petersen
Louis L. Kafka
Angelo J. Puppolo, Jr.
Ruth B. Balser
Walter F. Timilty
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In the Year Two Thousand and Seven.
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An Act further regulating the disclosure of medical records. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION
1. Chapter 93 of the General Laws is hereby amended by adding the following
section:—
Section 115. Any direct mail marketing of a medical product to consumers shall
identify the source from which the mailing list was derived. Any person who
violates the provisions of this section shall be liable for a civil penalty of
not more than $100. An individual aggrieved by violation of the provisions of
this section may notify the office of the attorney general. The attorney
general may promulgate rules or regulations necessary to implement and enforce
the provisions of this section.
SECTION
2. Chapter 111 of the General Laws is hereby amended by inserting after section
205, as appearing in the 2002 Official Edition, the following section:—
Section 205A. No person in possession of medical record shall transmit
identifiable patient information on the internet without the prior written approval
of said patient; provided, however, that said patient shall be informed of the
measures employed to protect the security of such transmission.