summary
Introduced
06/09/2015
06/09/2015
In Committee
06/12/2015
06/12/2015
Crossed Over
Passed
Dead
01/03/2017
01/03/2017
Introduced Session
114th Congress
Bill Summary
Including Families in Mental Health Recovery Act of 2015 Amends the HITECH Act to direct the Department of Health and Human Services (HHS) to promulgate regulations clarifying the circumstances under which, consistent with the standards governing the privacy and security of individually identifiable health information promulgated under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), health care providers and covered entities may disclose the protected health information of patients with a mental illness, including for purposes of: communicating with a patient's family, friends, or caregivers, including about treatments, side effects, risk factors, and the availability of community resources, with or without patient consent; considering the patient's capacity to agree or object to the sharing of patient information; involving a patient's family members, friends, or caregivers in the patient's care plan in dealing with patient failures to adhere to medication or other therapy; communicating with family members, caregivers, law enforcement, or others when the patient presents a serious and imminent threat of harm to self or others; and communicating to law enforcement and family members or caregivers about the admission or release of a patient who was admitted to a facility for an emergency psychiatric hold or involuntary treatment. Requires HHS to: (1) carry out such provisions in coordination with its Office for Civil Rights of HHS; and (2) ensure that the regulations pertaining to such provisions are consistent with the guidance entitled "HIPAA Privacy Rule and Sharing Information Related to Mental Health," issued by HHS on February 20, 2014. Directs HHS to develop and disseminate model programs for: (1) training health care providers regarding the circumstances under which the protected health information of patients with a mental illness may be disclosed, (2) training lawyers and others in the legal profession on such circumstances, and (3) training patients and their families regarding their rights to protect and obtain information.
AI Summary
This bill, the Including Families in Mental Health Recovery Act of 2015, aims to clarify when healthcare providers can share a patient's protected health information (PHI), which is sensitive personal health data, with their family, friends, or caregivers, even if the patient has a mental illness. It amends the HITECH Act, a law related to electronic health records and privacy, to direct the Department of Health and Human Services (HHS) to create new regulations. These regulations will specify situations where PHI can be shared, such as discussing treatments, side effects, risks, and community resources with family members, even without the patient's explicit consent if the patient lacks the capacity to agree or object and it's in their best interest. The bill also allows for sharing information when a patient poses a serious and immediate threat to themselves or others, or when a patient is admitted for or released from an emergency psychiatric hold or involuntary treatment. HHS will work with its Office for Civil Rights to ensure these new rules align with existing HIPAA (Health Insurance Portability and Accountability Act) privacy standards and a specific HHS guidance on sharing mental health information. Furthermore, HHS is required to develop and distribute model training programs for healthcare providers, legal professionals, and patients and their families on these disclosure rules and patient rights.
Committee Categories
Business and Industry, Health and Social Services
Sponsors (1)
Last Action
Referred to the Subcommittee on Health. (on 06/12/2015)
Official Document
bill text
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