,,ii #aaeth ,,congress #ast ,session ,s4 #ahej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #be1 #bjag ,mr4 ,manchin 7for himself1 ,mrs4 ,capito1 ,mrs4 ,feinstein1 ,mr4 ,king1 ,ms4 ,harris1 and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,public ,health ,service ,act to protect the confidentiality of substance use disorder patient records4 #a4 ,short title ,this ,act may be cited as the ,protecting ,jessica ,grubb's ,legacy ,act 4 #b4 ,confidentiality of substance use disorder patient records ,section #edc of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd-#b7 is amended-- 7#a7 in the section heading1 by inserting substance use disorder patient before records2 7#b7 by redesignating subsections 7a7 through 7h7 as subsection 7b7 through 7i71 respectively2 7#c7 by inserting before subsection 7b71 as so redesignated1 the following3 7a7 ,purpose ,it is the purpose of this section to protect the confidentiality of substance use disorder patient records4 ,except as provided in subsection 7f71 such records shall be confidential and may be disclosed only for the purposes and under the circumstances expressly authorized under subsection 7c71 consistent with the allowable uses and disclosures to carry out treatment1 payment1 or health care operations as defined in regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif4 2 7#d7 in subsection 7b71 as so redesignated-- 7,a7 in the subsection heading1 by striking ,requirement and inserting ,definition2 7,b7 by striking ,records and inserting ,for purposes of this section1 the term substance use disorder patient record means any record2 7,c7 by striking which are and inserting that is2 and 7,d7 by striking shall1 except and all that follows through subsection 7b72 7#e7 in subsection 7c71 as so redesignated-- 7,a7 in the subsection heading1 by inserting of substance use disorder patient records after disclosure2 7,b7 in paragraph 7#a7-- 7i7 by striking ,the content and inserting ,except as described in paragraph 7#b71 the content2 7ii7 by striking record referred to in subsection 7a7 and inserting substance use disorder patient record2 and 7iii7 by striking subsection 7g7 and inserting subsection 7h72 and 7,c7 by amending paragraph 7#b7 to read as follows3 7#b7 ,permitted disclosure ,whether or not the patient with respect to whom any substance use disorder patient record referred is maintained gives written consent1 the content of such record may be used or disclosed as follows3 7,a7 ,in connection with the provision of medical services or health care to substance use disorder patients consistent with the allowable uses and disclosures to carry out treatment1 payment1 or health care operations as described in section #afd4ejf of title #de1 ,code of ,federal ,regulations1 or any successor regulation4 7,b7 ,to qualified personnel for the purpose of conducting scientific research1 management audits1 financial audits1 or program evaluation1 but such personnel may not identify1 directly or indirectly1 any individual patient in any report of such research1 audit1 or evaluation1 or otherwise disclose patient identities in any manner4 2 7#f7 in subsection 7d71 as so redesignated-- 7,a7 by striking ,except as authorized and all that follows through may be used and inserting the following3 7#a7 ,in general ,except as authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor1 including the need to avert a substantial risk of death or serious bodily harm3 7,a7 ,no substance use disorder patient record may be used or disclosed to a law enforcement official 2 and 7,b7 by adding at the end the following3 7,b7 ,in the case of a use or disclosure of the content of a substance use disorder patient record for purposes of treatment1 payment1 or health care operations as provided for under subsection 7c71 no further disclosure or re-disclosure of such record is allowed to initiate or substantiate any criminal charges against a patient or to conduct any investigation of a patient4 7#b7 ,exclusionary effect and dismissal ,any content of a substance use disorder patient record that has been mistakenly1 wrongfully1 or intentionally used or disclosed to initiate or substantiate any criminal charges against a patient or to conduct any investigation of a patient in violation of paragraph 7#a7-- 7,a7 shall be excluded from evidence in any proposed or actual proceedings relating to such criminal charges or investigation2 and 7,b7 absent good cause shown1 shall result in the automatic dismissal of any proceedings for which the content of the record was offered4 2 7#g7 in subsection 7h71 as so redesignated-- 7,a7 by striking subsection 7h7 and inserting subsection 7i72 and 7,b7 by striking 1 including procedures and criteria for the issuance and scope of orders under subsection 7b77#b77;,c712 and 7#h7 in subsection 7i71 as so redesignated1 by striking subsection 7g7 and inserting subsection 7h74