The House Banking Committee slipped the flawed privacy provision into its version of the Financial Services bill (H.R. 10) at the last moment before House passage. Specifically, the provision permits insurers, including health insurers, to access and disclose patient records for a wide range of purposes, such as for benefits administration and utilization review, without adequate patient consent. Key members of Congress are currently developing a compromise between the House and Senate bills.

• The House bill would allow various insurers, including health insurers, to access and disclose patient records without the consent of the patient in broad circumstances (such as for benefits administration and utilization review). Further, insurers will be allowed to share patient health records with other organizations including credit agencies and other financial institutions.Health insurers should not be able to routinely access and share patients' health records without patient consent or even knowledge.

• Violations of consumer confidentiality are particularly harmful to those seeking mental health services. Patients receiving mental health services have greater confidentiality needs for their records than persons receiving general health services. The House provision will deter many of these patients from seeking needed health care and from making disclosures of critical information needed for their treatments.