,i #aafth ,,congress #ast ,session ,h4 ,r4 #bjfb ,,in ,,the ,,house ,,of ,,representatives ,april #c1 #bjai,mr4 ,blumenauer 7for himself1 ,mr4 ,mullin1 ,ms4 ,del,bene1 ,mr4 ,walden1 ,mr4 ,peters1 ,mr4 ,carter of ,georgia1 ,ms4 ,bonamici1 ,mr4 ,kelly of ,pennsylvania1 ,mr4 ,moulton1 ,mr4 ,joyce of ,pennsylvania1 ,mr4 ,rouda1 ,mr4 ,wright1 ,mr4 ,suozzi1 ,mr4 ,holding1 ,mr4 ,panetta1 ,mr4 ,crenshaw1 ,mr4 ,larsen of ,washington1 ,mr4 ,johnson of ,ohio1 ,mr4 ,evans1 ,mr4 ,bilirakis1 and ,ms4 ,sewell of ,alabama7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,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 ,overdose ,prevention and ,patient ,safety ,act4 #b4 ,confidentiality and disclosure of records relating to substance use disorder 7a7 ,conforming changes relating to substance use disorder ,subsections 7a7 and 7h7 of section #edc of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd-#b7 are each amended by striking substance abuse and inserting substance use disorder4 7b7 ,disclosures to covered entities consistent with ,,hipaa ,paragraph 7#b7 of section #edc7;b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd-#b7;b77 is amended by adding at the end the following3 7,d7 ,to a covered entity or to a program or activity described in subsection 7a71 for the purposes of treatment1 payment1 and health care operations1 so long as such disclosure is made in accordance with ,,hipaa privacy regulation4 ,any redisclosure of information so disclosed may only be made in accordance with this section4 4 7c7 ,disclosures of de-,identified health information to public health authorities ,paragraph 7#b7 of section #edc7;b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd-#b7;b771 as amended by subsection 7b71 is further amended by adding at the end the following3 7,e7 ,to a public health authority1 so long as such content meets the standards established in section #afd4ead7;b7 of title #de1 ,code of ,federal ,regulations 7or successor regulations7 for creating de-identified information4 4 7d7 ,definitions ,subsection 7b7 of section #edc of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd-#b7 is amended by adding at the end the following3 7#c7 ,definitions ,for purposes of this subsection3 7,a7 ,covered entity ,the term covered entity has the meaning given such term for purposes of ,,hipaa privacy regulation4 7,b7 ,health care operations ,the term health care operations has the meaning given such term for purposes of ,,hipaa privacy regulation4 7,c7 ,,hipaa privacy regulation ,the term ,,hipaa privacy regulation has the meaning given such term under section #aahj7;b77#c7 of the ,social ,security ,act4 7,d7 ,individually identifiable health information ,the term individually identifiable health information has the meaning given such term for purposes of ,,hipaa privacy regulation4 7,e7 ,payment ,the term payment has the meaning given such term for purposes of ,,hipaa privacy regulation4 7,f7 ,public health authority ,the term public health authority has the meaning given such term for purposes of ,,hipaa privacy regulation4 7,g7 ,treatment ,the term treatment has the meaning given such term for purposes of ,,hipaa privacy regulation4 4 7e7 ,use of records in criminal1 civil1 or administrative investigations1 actions1 or proceedings ,subsection 7c7 of section #edc of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd-#b7 is amended to read as follows3 7c7 ,use of records in criminal1 civil1 or administrative contexts ,except as otherwise authorized by a court order under subsection 7b77#b77;,c7 or by the consent of the patient1 a record referred to in subsection 7a7 may not1 in connection with any investigation of1 or criminal1 civil1 or administrative proceeding against1 a patient-- 7#a7 be entered into evidence in any criminal prosecution or civil action before a ,federal or ,state court2 7#b7 form part of the record for decision or otherwise be taken into account in any proceeding before a ,federal agency2 7#c7 be used by any ,federal1 ,state1 or local agency for a law enforcement purpose or to conduct any law enforcement investigation2 or 7#d7 be used in any application for a warrant4 4 7f7 ,penalties ,subsection 7f7 of section #edc of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd-#b7 is amended to read as follows3 7f7 ,penalties ,the provisions of sections #aagf and #aagg of the ,social ,security ,act shall apply to a violation of this section to the extent and in the same manner as such provisions apply to a violation of part ,c of title ,,xi of such ,act4 ,in applying the previous sentence-- 7#a7 the reference to this subsection in subsection 7a77#b7 of such section #aagf shall be treated as a reference to this subsection 7including as applied pursuant to section #edc7;f7 of the ,public ,health ,service ,act72 and 7#b7 in subsection 7b7 of such section #aagf-- 7,a7 each reference to a penalty imposed under subsection 7a7 shall be treated as a reference to a penalty imposed under subsection 7a7 7including as applied pursuant to section #edc7;f7 of the ,public ,health ,service ,act72 and 7,b7 each reference to no damages obtained under subsection 7d7 shall be treated as a reference to no damages obtained under subsection 7d7 7including as applied pursuant to section #edc7;f7 of the ,public ,health ,service ,act74 4 7g7 ,antidiscrimination ,section #edc of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd-#b7 is amended by adding at the end the following3 7i7 ,antidiscrimination 7#a7 ,in general ,no entity shall discriminate against an individual on the basis of information received by such entity pursuant to a disclosure made under subsection 7b7 in-- 7,a7 admission or treatment for health care2 7,b7 hiring or terms of employment2 7,c7 the sale or rental of housing2 or 7,d7 access to ,federal1 ,state1 or local courts4 7#b7 ,recipients of ,federal funds ,no recipient of ,federal funds shall discriminate against an individual on the basis of information received by such recipient pursuant to a disclosure made under subsection 7b7 in affording access to the services provided with such funds4 4 7h7 ,notification in case of breach ,section #edc of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd-#b71 as amended by subsection 7g71 is further amended by adding at the end the following3 7j7 ,notification in case of breach 7#a7 ,application of ,,hitech notification of breach provisions ,the provisions of section #acdjb of the ,,hitech ,act 7#db ,u4,s4,c4 #agicb7 shall apply to a program or activity described in subsection 7a71 in case of a breach of records described in subsection 7a71 to the same extent and in the same manner as such provisions apply to a covered entity in the case of a breach of unsecured protected health information4 7#b7 ,definitions ,in this subsection1 the terms covered entity and unsecured protected health information have the meanings given to such terms for purposes of such section #acdjb4 4 7i7 ,sense of ,congress ,it is the sense of the ,congress that any person treating a patient through a program or activity with respect to which the confidentiality requirements of section #edc of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd-#b7 apply should access the applicable ,state-based prescription drug monitoring program as a precaution against substance use disorder4 7j7 ,regulations 7#a7 ,in general ,the ,secretary of ,health and ,human ,services1 in consultation with appropriate ,federal agencies1 shall make such revisions to regulations as may be necessary for implementing and enforcing the amendments made by this section1 such that such amendments shall apply with respect to uses and disclosures of information occurring on or after the date that is #ab months after the date of enactment of this ,act4 7#b7 ,easily understandable notice of privacy practices ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 in consultation with appropriate experts1 shall update section #afd4ebj of title #de1 ,code of ,federal ,regulations1 so that covered entities provide notice1 written in plain language1 of privacy practices regarding patient records referred to in section #edc7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd-#b7;a771 including-- 7,a7 a statement of the patient's rights1 including self-pay patients1 with respect to protected health information and a brief description of how the individual may exercise these rights 7as required by paragraph 7b77#a77;iv7 of such section #afd4ebj72 and 7,b7 a description of each purpose for which the covered entity is permitted or required to use or disclose protected health information without the patient's written authorization 7as required by paragraph 7b77#b7 of such section #afd4ebj74 7k7 ,rules of construction ,nothing in this ,act or the amendments made by this ,act shall be construed to limit-- 7#a7 a patient's right1 as described in section #afd4ebb of title #de1 ,code of ,federal ,regulations1 or any successor regulation1 to request a restriction on the use or disclosure of a record referred to in section #edc7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd-#b7;a77 for purposes of treatment1 payment1 or health care operations2 or 7#b7 a covered entity's choice1 as described in section #afd4ejf of title #de1 ,code of ,federal ,regulations1 or any successor regulation1 to obtain the consent of the individual to use or disclose a record referred to in such section #edc7;a7 to carry out treatment1 payment1 or health care operation4 7l7 ,sense of ,congress ,it is the sense of the ,congress that-- 7#a7 patients have the right to request a restriction on the use or disclosure of a record referred to in section #edc7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd-#b7;a77 for treatment1 payment1 or health care operations2 and 7#b7 covered entities should make every reasonable effort to the extent feasible to comply with a patient's request for a restriction regarding such use or disclosure4