S.Amdt. 529

SA 529. Mr. COBURN 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 359, strike line 13 and all that follows
through line 6 on page 360, and insert the following:
(d) Review of Health Care Operations.--Not later than 18
months after the date of the enactment of this title, the
Secretary shall review the definition of health care
operations under section 164.501 of title 45, Code of Federal
Regulations. If determined appropriate upon completion of the
review, the Secretary shall promulgate regulations to modify
the definition of health care operations as necessary. In
determining appropriate changes, the Secretary shall consider
those activities that can be reasonably and efficiently
conducted through the use of information that is deidentified
(in accordance with the requirements of section 164.514(b) of
such title) or that should require a valid authorization for
use or disclosure. In promulgating such regulations, the
Secretary may choose to narrow or clarify activities that the
Secretary chooses to retain in the definition of health care
operations and the Secretary shall take into account the
report under section 13424(d). In such regulations the
Secretary shall specify the date on which such regulations
shall apply to disclosures made by a covered entity, but in
no case would such date be sooner than the date that is 24
months after the date of the enactment of this section.
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