,,ii #aafth ,,congress #b;d ,session ,s4 #ccgd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #c1 #bjbj,mr4 ,manchin 7for himself1 ,mrs4 ,capito1 ,mr4 ,whitehouse1 ,mr4 ,cramer1 ,mrs4 ,feinstein1 ,mr4 ,jones1 ,mr4 ,murphy1 ,mr4 ,tillis1 ,ms4 ,collins1 ,ms4 ,harris1 ,mr4 ,cassidy1 ,ms4 ,klobuchar1 ,mr4 ,merkley1 and ,mr4 ,king7 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 #8,protecting ,jessica ,grubb's ,legacy ,act'4 #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#a7 of section #edc7;b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd-#b7;b77 is amended to read as follows3 7#a7 ,consent ,the following shall apply with respect to the contents of any record referred to in subsection 7a73 7,a7 ,such contents may be used or disclosed in accordance with the prior written consent of the patient with respect to whom such record is maintained4 7,b7 ,once prior written consent of the patient has been obtained1 such contents may be used or disclosed by a covered entity1 business associate1 or a program subject to this section for purposes of treatment1 payment1 and health care operations as permitted by the ,,hipaa regulations4 ,any information so disclosed may then be redisclosed in accordance with the ,,hipaa regulations4 ,section #acdje7;c7 of the ,health ,information ,technology and ,clinical ,health ,act 7#db ,u4,s4,c4 #agice7;c77 shall apply to all disclosures pursuant to subsection 7b77#a7 of this section4 7,c7 ,it shall be permissible for a patient's prior written consent to be given once for all such future uses or disclosures for purposes of treatment1 payment1 and health care operations1 until such time as the patient revokes such consent in writing4 7,d7 ,section #acdje7;a7 of the ,health ,information ,technology and ,clinical ,health ,act 7#db ,u4,s4,c4 #agice7;a77 shall apply to all disclosures pursuant to subsection 7b77#a7 of 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 is amended by adding at the end the following3 7,d7 ,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 ,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 7k7 ,definitions ,for purposes of this section3 7#a7 ,breach ,the term breach has the meaning given such term for purposes of the ,,hipaa regulations4 7#b7 ,business associate ,the term business associate has the meaning given such term for purposes of the ,,hipaa regulations4 7#c7 ,covered entity ,the term covered entity has the meaning given such term for purposes of the ,,hipaa regulations4 7#d7 ,health care operations ,the term health care operations has the meaning given such term for purposes of the ,,hipaa regulations4 7#e7 ,,hippa regulations ,the term ,,hipaa regulations has the meaning given such term for purposes of parts #afj and #afd of title #de1 ,code of ,federal ,regulations4 7#f7 ,payment ,the term payment has the meaning given such term for purposes of the ,,hipaa regulations4 7#g7 ,public health authority ,the term public health authority has the meaning given such term for purposes of the ,,hipaa regulations4 7#h7 ,treatment ,the term treatment has the meaning given such term for purposes of the ,,hipaa regulations4 7#i7 ,unsecured protected health information ,the term unprotected health information has the meaning given such term for purposes of the ,,hipaa regulations4 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;c77 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 7a71 or testimony relaying the information contained therein1 may not be disclosed or used in any civil1 criminal1 administrative1 or legislative proceedings conducted by any ,federal1 ,state1 or local authority1 including with respect to the following activities3 7#a7 ,such record or testimony shall not be entered into evidence in any criminal prosecution or civil action before a ,federal or ,state court4 7#b7 ,such record or testimony shall not form part of the record for decision or otherwise be taken into account in any proceeding before a ,federal1 ,state1 or local agency4 7#c7 ,such record or testimony shall not be used by any ,federal1 ,state1 or local agency for a law enforcement purpose or to conduct any law enforcement investigation4 7#d7 ,such record or testimony shall not 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 inserting after subsection 7h7 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 an inadvertent or intentional disclosure of records1 or information contained in records1 described in subsection 7a7 in-- 7,a7 admission1 access to1 or treatment for health care2 7,b7 hiring1 firing1 or terms of employment1 or receipt of worker's compensation2 7,c7 the sale1 rental1 or continued rental of housing2 7,d7 access to ,federal1 ,state1 or local courts2 or 7,e7 access to1 approval of1 or maintenance of social services and benefits provided or funded by ,federal1 ,state1 or local governments4 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 an intentional or inadvertent disclosure of such records or information contained in records described in subsection 7a7 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 inserting after subsection 7i7 the following3 7j7 ,notification in case of breach ,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 4 7i7 ,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 legal1 clinical1 privacy1 and civil rights experts1 shall update section #afd4ebj of title #de1 ,code of ,federal ,regulations1 so that covered entities and entities creating or maintaining the records described in subsection 7a7 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 subsection 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 subsection 7b77#b7 of such section #afd4ebj74 7j7 ,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 7k7 ,sense of ,congress ,it is the sense of the ,congress that-- 7#a7 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 is encouraged to access the applicable ,state-based prescription drug monitoring program when clinically appropriate2 7#b7 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 7#c7 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 disclosure2 7#d7 for purposes of applying section #afd4eja of title #de1 ,code of ,federal ,regulations1 the definition of health care operations shall have the meaning given such term in such section1 except that clause 7v7 of paragraph 7#f7 shall not apply2 and 7#e7 programs creating records referred to in section #edc7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd-#b7;a77 should receive positive incentives for discussing with their patients the benefits to consenting to share such records4