[Page S1868]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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