To address restrictions on the sharing of medical information among affiliates, and for other purposes.

SA 2061. Mrs. FEINSTEIN (for herself, Mrs. Boxer, and Mr. Kennedy) proposed an amendment to the bill S. 1753, to amend the Fair Credit Reporting Act in order to prevent identity theft, to improve the use of and consumer access to consumer reports, to enhance the accuracy of consumer reports, to limit the sharing of certain consumer information, to improve financial education and literacy, and for other purposes; as follows:

On page 81, strike lines 6 through 15 and insert the following: “to any person related by common ownership or affiliated by corporate control, if the information is medical information, including information that is an individualized list or description based on the payment transactions of the consumer for medical products or services, or an aggregate list of identified consumers based on payment transactions for medical products or services.”.

(c) Definition.--Section 603(i) of the Fair Credit Reporting Act (15 U.S.C. 1681a(i)) is amended to read as follows:

“(i) Medical Information.--The term ‘medical information' means information or data, other than age or gender, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to--

“(1) the past, present, or future physical, mental, or behavioral health or condition of an individual;

“(2) the provision of health care to an individual; or

“(3) the payment for the provision of health care to an individual.”.