S.Amdt. 345

SA 345. Ms. SNOWE submitted an amendment intended to be proposed to
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to
the bill H.R. 1, making supplemental appropriations for job
preservation and creation, infrastructure investment, energy efficiency
and science, assistance to the unemployed, and State and local fiscal
stabilization, for fiscal year ending September 30, 2009, and for other
purposes; which was ordered to lie on the table; as follows:

Beginning on page 338, strike line 19 and all that follows
through line 9 on page 339, and insert the following:
``(1) Breach.--The term `breach' means the unauthorized
acquisition, access, use, or disclosure of protected health
information which compromises the security, privacy, or
integrity of protected health information maintained by or on
behalf of a person. Such term does not include any
unintentional acquisition, access, or use of such information
by an employee or agent of the covered entity or business
associate involved if such acquisition, access, or use,
respectively, was made in good faith and within the course
and scope of the employment or other contractual relationship
of such employee or agent, respectively, with the covered
entity or business associate and if such information is not
further acquired, accessed, used, or disclosed by such
employee or agent.''.
______