CONFIDENTIALITY OF MEDICAL RECORDS.

SEC. 121. CONFIDENTIALITY OF MEDICAL RECORDS. (a) General Rule.— Subsection (a) of section 4132 is amended— (1) by inserting “(1)” before “Records”; (2) by inserting “infection with the human immunodeficiency virus,” after “alcohol abuse,”; and (3) by adding at the end the following new paragraph: “(2) Paragraph (1) of this subsection prohibits the disclosure to any person or entity other than the patient or subject concerned of the fact that a special written consent is required in order for such records to be disclosed.”. (b) Public Health Exception.— Subsection (b) of such section is amended— (1) in paragraph (1), by striking out “pursuant to section 4134 of this title”; and (2) in paragraph (2)— (A) by redesignating subparagraph (C) as subparagraph (D); and (B) by inserting after subparagraph (B) the following new subparagraph (C): “(C) (i) In the case of any record which is maintained in connection with the performance of any program or activity relating to infection with the human immunodeficiency virus, to a Federal, State, or local public-health authority, charged under Federal or State law with the protection of the public health, and to which Federal or State law requires disclosure of such record, if a qualified representative of such authority has made a written request that such record be provided as required pursuant to such law for a purpose authorized by such law. “(ii) A person to whom a record is disclosed under this paragraph may not redisclose or use such record for a purpose other than that for which the disclosure was made.”. (c) Disclosure to Spouse or Sexual Partner.— Such section is further amended— (1) by redesignating subsection (f) as subsection (g); and 102 STAT. 503 (2) by inserting after subsection (e) the following new subsection (f): “(f) (1) Notwithstanding subsection (a) of this section but subject to paragraph (2) of this subsection, a physician or a professional counselor may disclose information or records indicating that a patient or subject is infected with the human immunodeficiency virus if the disclosure is made to (A) the spouse of the patient or subject, or (B) to an individual whom the patient or subject has, during the process of professional counseling or of testing to determine whether the patient or subject is infected with such virus, identified as being a sexual partner of such patient or subject. “(2) (A) A disclosure under paragraph (1) of this subsection may be made only if the physician or counselor, after making reasonable efforts to counsel and encourage the patient or subject to provide the information to the spouse or sexual partner, reasonably believes that the patient or subject will not provide the information to the spouse or sexual partner and that the disclosure is necessary to protect the health of the spouse or sexual partner. “(B) A disclosure under such paragraph may be made by a physician or counselor other than the physician or counselor referred to in subparagraph (A) of this paragraph if such physician or counselor is unavailable by reason of absence or termination of employment to make the disclosure. (d) Penalty for Unauthorized Disclosure.— Subsection (g) of such section (as redesignated by paragraph (4)(A)) is amended by striking out “shall be fined” and all that follows and inserting in lieu thereof “shall be fined, in the case of a first offense, up to the maximum amount provided under section 3301(f) of this title for a first offense under that section and, in the case of a subsequent offense, up to the maximum amount provided under section 3301(0 of this title for a subsequent offense under that section.”. (e) Cross-Reference Amendments.— (1) Subsection (a) of such section is amended by striking out “subsection (e)” and inserting in lieu thereof “subsections (e) and (f)”. (2) Subsection (c) of such section is amended by striking out “subsection (b)(2)(C)” and inserting in lieu thereof “subsection (b)(2)(1))”.