S.Amdt. 566

SA 566. Ms. SNOWE (for herself and Mr. Kennedy) 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.--
``(A) In general.--The term `breach' means the unauthorized
acquisition, access, use, or disclosure of protected health
information which compromises the security or privacy of such
information, except where an unauthorized person to whom such
information is disclosed would not reasonably have been able
to retain such information.
``(B) Exceptions.--The term `breach' does not include--
``(i) any unintentional acquisition, access, or use of
protected health information by an employee or individual
acting under the authority of a covered entity or business
associate if--

``(I) such acquisition, access, or use was made in good
faith and within the course and scope of the employment or
other professional relationship of such employee or
individual, respectively, with the covered entity or business
associate; and
``(II) such information is not further acquired, accessed,
used, or disclosed by such employee or individual; or

``(ii)(I) any inadvertent disclosure from an individual who
is otherwise authorized to access protected health
information at a facility operated by a covered entity or
business associate to another similarly situated individual
at same facility; and
``(II) any such information received as a result of such
disclosure is not further acquired, accessed, used, or
disclosed without authorization by such employee or
individual.''.
______