Page:United States Statutes at Large Volume 118.djvu/894

 118 STAT. 864 PUBLIC LAW 108–276—JULY 21, 2004 LEGISLATIVE HISTORY—S. 15: CONGRESSIONAL RECORD, Vol. 150 (2004): May 19, considered and passed Senate. July 14, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004): July 21, Presidential remarks. declared emergency in the emergency area during the emer gency period; or ‘‘(B) the direction or relocation of an individual to receive medical screening in an alternate location pursuant to an appropriate State emergency preparedness plan;’’; (2) in paragraph (5), by striking ‘‘and’’ at the end; (3) in paragraph (6), by striking the period and inserting ‘‘; and’’; (4) by inserting after paragraph (6), the following: ‘‘(7) sanctions and penalties that arise from noncompliance with the following requirements (as promulgated under the authority of section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note)— ‘‘(A) section 164.510 of title 45, Code of Federal Regula tions, relating to— ‘‘(i) requirements to obtain a patient’s agreement to speak with family members or friends; and ‘‘(ii) the requirement to honor a request to opt out of the facility directory; ‘‘(B) section 164.520 of such title, relating to the requirement to distribute a notice; or ‘‘(C) section 164.522 of such title, relating to— ‘‘(i) the patient’s right to request privacy restric tions; and ‘‘(ii) the patient’s right to request confidential communications.’’; and (5) by adding at the end the following: ‘‘A waiver or modi fication provided for under paragraph (3) or (7) shall only be in effect if such actions are taken in a manner that does not discriminate among individuals on the basis of their source of payment or of their ability to pay, and shall be limited to a 72 hour period beginning upon implementation of a hospital disaster protocol. A waiver or modification under such para graph (7) shall be withdrawn after such period and the provider shall comply with the requirements under such paragraph for any patient still under the care of the provider.’’. Approved July 21, 2004.

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