summary
Introduced
03/03/2020
03/03/2020
In Committee
03/03/2020
03/03/2020
Crossed Over
Passed
Dead
12/31/2020
12/31/2020
Introduced Session
116th Congress
Bill Summary
A bill to amend the Public Health Service Act to protect the confidentiality of substance use disorder patient records. This bill more closely aligns the federal privacy standards applicable to substance-use disorder patient records with the relevant privacy and de-identification standards applicable to other records that contain personal health information for the purposes of (1) treatment, payment, and health care operations by health plans, providers, or clearinghouses; and (2) disclosures to public health authorities. The bill requires patients to give affirmative, written consent; once given, that consent applies to future disclosures. Such consent may be revoked by written request. The bill also (1) aligns criminal penalties for certain violations involving substance-use disorder patient records with the penalties that apply to violations involving other types of records containing personal health information; (2) expands the current prohibition against using substance-use disorder patient records in criminal proceedings to include any use in specified federal, state, and local criminal and civil actions; and (3) prohibits certain discrimination based on the release of such patient information with respect to access to treatment, employment, housing, and certain social services and benefits.
AI Summary
This bill, the "Protecting Jessica Grubb's Legacy Act," amends the Public Health Service Act to better protect the confidentiality of substance use disorder patient records. The key provisions include:
1) Aligning federal privacy standards for substance use disorder records with the HIPAA standards for other personal health information, allowing for disclosure of such records for treatment, payment, and healthcare operations with the patient's prior written consent.
2) Allowing patients to provide one-time consent for future disclosures, which can be revoked in writing.
3) Permitting disclosure of de-identified substance use disorder records to public health authorities.
4) Expanding the current prohibition on using these records in criminal proceedings to include federal, state, and local civil and criminal actions.
5) Prohibiting discrimination against individuals based on the inadvertent or intentional disclosure of their substance use disorder records, such as in healthcare, employment, housing, and social services.
6) Requiring the application of HIPAA breach notification requirements to substance use disorder programs.
The bill aims to better protect patient privacy while still allowing appropriate access and use of substance use disorder records for treatment, payment, and public health purposes.
Committee Categories
Health and Social Services
Sponsors (16)
Joe Manchin (I)*,
Shelley Moore Capito (R),
Bill Cassidy (R),
Susan Collins (R),
Kevin Cramer (R),
Dianne Feinstein (D),
Kamala Harris (D),
Doug Jones (D),
Angus King (I),
Amy Klobuchar (D),
Martha McSally (R),
Jeff Merkley (D),
Chris Murphy (D),
Jacky Rosen (D),
Thom Tillis (R),
Sheldon Whitehouse (D),
Last Action
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (on 03/03/2020)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.congress.gov/bill/116th-congress/senate-bill/3374/all-info |
| BillText | https://www.congress.gov/116/bills/s3374/BILLS-116s3374is.pdf |
| Bill | https://www.congress.gov/116/bills/s3374/BILLS-116s3374is.pdf.pdf |
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