H.R. 5009 — Referred from Senate

IIB 115th CONGRESS 2d Session H. R. 5009 IN THE SENATE OF THE UNITED STATES June 13, 2018Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions AN ACT To include information concerning a patient’s opioid addiction in certain medical records. 1. Short title This Act may be cited as Jessie’s Law. 2. Inclusion of opioid addiction history in patient records (a) Best practices (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with appropriate stakeholders, including a patient with a history of opioid use disorder, an expert in electronic health records, an expert in the confidentiality of patient health information and records, and a health care provider, shall identify or facilitate the development of best practices regarding— (A) the circumstances under which information that a patient has provided to a health care provider regarding such patient’s history of opioid use disorder should, only at the patient’s request, be prominently displayed in the medical records (including electronic health records) of such patient; (B) what constitutes the patient’s request for the purpose described in subparagraph (A); and (C) the process and methods by which the information should be so displayed. (2) Dissemination The Secretary shall disseminate the best practices developed under paragraph (1) to health care providers and State agencies. (b) Requirements In identifying or facilitating the development of best practices under subsection (a), as applicable, the Secretary, in consultation with appropriate stakeholders, shall consider the following: (1) The potential for addiction relapse or overdose, including overdose death, when opioid medications are prescribed to a patient recovering from opioid use disorder. (2) The benefits of displaying information about a patient’s opioid use disorder history in a manner similar to other potentially lethal medical concerns, including drug allergies and contraindications. (3) The importance of prominently displaying information about a patient’s opioid use disorder when a physician or medical professional is prescribing medication, including methods for avoiding alert fatigue in providers. (4) The importance of a variety of appropriate medical professionals, including physicians, nurses, and pharmacists, to have access to information described in this section when prescribing or dispensing opioid medication, consistent with Federal and State laws and regulations. (5) The importance of protecting patient privacy, including the requirements related to consent for disclosure of substance use disorder information under all applicable laws and regulations. (6) All applicable Federal and State laws and regulations. 3. Communication with families during emergencies (a) Promoting awareness of authorized disclosures during emergencies The Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services and the Administrator of the Health Resources and Services Administration, shall annually develop and disseminate written materials (electronically or by other means) to health care providers regarding permitted disclosures under Federal health care privacy law during emergencies, including overdoses, of certain health information to families, caregivers, and health care providers. (b) Use of material For the purposes of carrying out subsection (a), the Secretary of Health and Human Services may use material produced under section 11004 of the 21st Century Cures Act (42 U.S.C. 1320d–2 note). Passed the House of Representatives June 12, 2018.Karen L. Haas,Clerk.