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Major Events Leading to the Final Privacy Rule

Nov. 20, 1993 President Clinton introduces the “Health Security Act” with administrative simplification and records privacy provisions.

Oct. 24, 1995 Senators Robert Bennett and Patrick Leahy introduce the leading records privacy bill in the 104th Congress. Senator Bennett hopes to attach the measure to the “Health Insurance Portability and Accountability Act” (HIPAA) currently under congressional consideration.

Nov. 14, 1995 The Senate Labor and Human Resources Committee holds hearings on the Bennett-Leahy bill.

Nov. 22, 1995 The APA Practice Directorate writes to former Senator Nancy Kassebaum, chair of the Senate Labor and Human Resources Committee and Senator Bennett, raising concerns with the Bennett-Leahy bill.

Nov. 28, 1995 APA submits comments to the Senate Labor and Human Resources Committee regarding the Bennett-Leahy bill.

Dec. 5, 1995 The Mental Health Liaison Group (MHLG), the leading coalition in the Nation’s Capitol advocating on behalf of mental health, writes to Senator Kassebaum urging delay in consideration of the Bennett-Leahy bill until mental health consumer and provider issues are fully resolved.

Apr. 30, 1996 APA representatives meet with Senator Bennett and offer amendments to improve his privacy bill.

May 6, 1996 APA representatives meet with Senate Labor and Human Resources staff to propose improvements to Bennett-Leahy bill and reserve support until improvements are made.

June 13, 1996 The Supreme Court hands down the Jaffee v. Redmond decision, upholding the psychotherapy-patient federal evidentiary privilege. APA and other mental health advocates use the decision to argue for heightened protection for mental health records in privacy legislation.

Aug. 21, 1996 Congress enacts HIPAA without inclusion of the Bennett-Leahy bill. HIPAA imposes on Congress a deadline of August 21, 1999 to pass a privacy law or to have the Department of Health and Human Services (HHS) write a rule in lieu of congressional action.

Feb. 14, 1997 APA submits comments to the National Committee on Vital and Health Statistics (NCVHS), which will assist HHS in providing recommendations to Congress on writing a records privacy bill.

June 25, 1997 NCVHS releases privacy rule recommendations to HHS.

Sept. 11, 1997 HHS provides recommendations to Congress on writing a records privacy bill.

Oct. 28, 1997 Senator Leahy splits with Senator Bennett on privacy legislation and introduces his own bill.

Jan. 29, 1998 APA writes to Senator Bennett on the importance of heightened protection for mental health records in a privacy law. Senator Bennett is expected to reintroduce his privacy bill.

Feb. 25, 1998 APA and other mental health privacy advocates correspond with the Senate Labor and Human Resources Committee regarding possible privacy legislation.

Apr. 2, 1998 Senator James Jeffords, who has replaced Senator Kassebaum as Chair of the Senate Labor and Human Resources Committee (now renamed the Senate Health, Education, Labor, and Pensions Committee, or HELP Committee) introduces the leading records privacy bill in the 105th Congress. Senator Bennett does not co-sponsor the measure.

May 11, 1998 The MHLG writes to Senator Jeffords raising concerns with insurer access to patient records in his bill. MHLG presents the idea of patient authorization for the release of psychotherapy notes to insurers.

Jan. 19, 1999 In his “State of the Union” address, President Clinton states that records privacy will be addressed by his Administration or Congress by the close of the year.

March 10, 1999 Senator Jeffords reintroduces his records privacy bill in the 106th Congress. Senators Edward Kennedy and Leahy introduce a Democratic alternative on the same day.

May 25, 1999 The MHLG writes to Senator Jeffords regarding the preservation of stronger state mental health laws from federal preemption and urges specific patient authorization for the release of psychotherapy notes to insurers.

June 15, 1999 The Senate HELP Committee fails to approve privacy legislation to move it to the Senate floor for action. An HHS privacy rule in lieu of Congressional action now appears imminent.

Nov. 3, 1999 HHS proposes a records privacy rule. It includes some of APA’s primary records protections, including a strong patient authorization requirement for the release of psychotherapy notes to insurers.

Jan. 20, 2000 The new APA Practice Organization, an affiliate of APA, submits comprehensive comments to HHS on the proposed rule.

Sept. 21, 2000 Representatives of the APA Practice Organization and HHS confer on the patient psychotherapy notes authorization requirement.

Dec. 28, 2000 HHS finalizes the proposed records privacy rule in the closing days of the Clinton Administration.

Feb. 28, 2001 President George W. Bush’s administration delays the effective date of the rule. The Senate HELP Committee holds a hearing on the rule, and the MHLG submits comments urging implementation of the rule.

March 13, 2001 The Practice Organization submits comments on the final rule, urging its implementation, and activates a grassroots campaign for implementation of the final rule.

Apr. 14, 2001 President Bush’s Administration puts the privacy rule into effect.

July 6, 2001 HHS releases informal guidance on specific provisions of the rule but provides no substantive changes to the rule.

Aug. 25, 2001 The Practice Directorate holds a Town Hall meeting at APA’s 2001 Convention on the privacy rule and its impact for psychologists.

Dec. 17, 2001 MHLG writes to HHS urging heightened protection for psychological testing data in addition to psychotherapy notes and for other improvements to the rule in anticipation of possible changes to the rule early in 2002.



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