Representative Arthur J. O'Neill, Chairman
William R. Breetz
Representative Robert Farr
Jon P. Fitzgerald
Robert W. Grant
Representative Michael P. Lawlor
Michael W. Lyons
Mary Anne O'Neill
Joel I. Rudikoff
Edmund F. Schmidt
Joseph J. Selinger, Jr.
Judge Elliot N. Solomon
Professor Colin C. Tait
Professor Terry J. Tondro
I. Milton Widem
Senator Donald E. Williams, Jr.

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David D. Biklen
Executive Director

David L. Hemond
Chief Attorney

Jo A. Roberts
Senior Attorney

Connecticut Law Revision Commission
State Capitol
Room 509A
Hartford, Connecticut 06106-1591
(860) 240-0220
FAX (860) 240-0322
Email: lrc@po.state.ct.us


To:   Law Revision Commission Advisory Committee on Confidentiality of Medical Records
From:   David L. Hemond
Date:   September 15, 1998
Re:   Comparison of definitions of "health care provider"

Section 1-102(7) of the Uniform Health-Care Information Act defines health-care provider as follows:

"(7) ‘Health-care provider’ means a person who is licensed, certified, or otherwise authorized by the law of this State to provide health care in the ordinary course of business or practice of a profession. The term does not include a person who provides health care solely through the sale or dispensing of [drugs or] medical devices."

 1996 Connecticut Raised Bill 5704 defined "health care provider" as follows:

"(1) ‘Health care provider’ means any person, corporation, facility or institution licensed by this state to provide or otherwise lawfully providing health care services, including, but not limited to, a physician, hospital or other health care facility, dentist, nurse, optometrist, podiatrist, physician therapist or psychologist, and an officer, employee or agent of such provider acting in the course and scope of his employment or agency related to or supportive of health care services;"

Section 38a-976 defines "medical professional" and "medical-care institution" as follows:

"(q) ‘Medical professional’ means any person licensed or certified to provide health care services to individuals, including but not limited to a chiropractor, clinical dietitian, clinical psychologist, dentist, nurse, occupational therapist, optometrist, pharmacist, physical therapist, physician, podiatrist, psychiatric social worker or speech therapist."

"(p) ‘Medical-care institution’ means any facility or institution that is licensed to provide health care services to individuals, including but not limited to health care centers, home-health agencies, hospitals, medical clinics, public health agencies, rehabilitation agencies and skilled nursing facilities."

Section 20-7b defines "provider" as follows:

"(b) ‘Provider’ means any person or organization that furnishes health care services and is licensed or certified to furnish such services pursuant to chapters 370 to 373, inclusive, 375 to 384a, inclusive, 388, 398 and 399 or is licensed or certified pursuant to chapter 368d.

Section 19a-17b defines "health care provider" as follows:

"(1) ‘Health care provider" means any person, corporation, limited liability company, facility or institution operated, owned or licensed by this state to provide health care or professional services, or an officer, employee or agent thereof acting in the course and scope of his employment."

Section 19a-611 defines "health care provider" as follows"

"(4) ‘Health care provider’ or ‘provider’ means a state licensed or certified person or state-authorized facility, which delivers diagnostic, treatment, impatient or ambulatory health care services;"

(See also definition of "health care facility or institution" in section 19a-630.)

H.R. 4250, the "Patient Protection Bill" which passed the federal House of Representatives and S. 2330, the "Patients’ Bill of Rights Act" before the Senate (H.R. 3900, Chris Shays’ bill, is almost identical) define "health care provider" as follows:

"HEALTH CARE PROVIDER – The term ‘health care provider’ means a person, who with respect to a specific item of protected health information, receives, creates, uses, maintains, or discloses the information while acting in whole or in part in the capacity of –

(A) a person who is licensed, certified, registered, or otherwise authorized by Federal or State law to provide an item or service that constitutes health care in the ordinary course of business, or practice of a profession;

(B) a Federal, State, or employer-sponsored or any other privately-sponsored program that directly provides items or services that constitute health care to beneficiaries; or

(C) an officer or employee of a person described in subparagraph (A) or (B)."

"Health care" is defined by H.R. 4250 (H.R. 3900, Chris Shays’ bill is almost identical) as follows:

"(6) HEALTH CARE – The term ‘health care’ means—

(A) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, including appropriate assistance with disease or symptom management and maintenance, counseling, service, or procedure—

(i) with respect to the physical or mental condition of an individual; or

(ii) affecting the structure or function of the human body or any part of the human body, including the banking of blood, sperm, organs, or any other tissues; or

(B) any sale or dispensing, pursuant to a prescription or medical order, of a drug, device, equipment, or other health care-related item to an individual, or for the use of an individual."