Standards for Privacy of Individually Identifiable Health Information. Final Privacy Rule Preamble.. Commerce Clause


Comment: A few commenters suggested that the privacy regulation regulates activities that are not in interstate commerce and which are, therefore, beyond the powers the U.S. Constitution gives the federal government.

Response: We disagree. Health care providers, health plans, and health care clearinghouses are engaged in economic and commercial activities, including the exchange of individually identifiable health information electronically across state lines. These activities constitute interstate commerce. Therefore, they come within the scope of Congress' power to regulate interstate commerce.