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Overdose Prevention and Patient Safety Act

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Title:

Overdose Prevention and Patient Safety Act

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04/03/19

Introduced

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Introduced in House

Date: April 3, 2019

Content
Code:
116.HR.2062
Subject:
Health
Overdose Prevention and Patient Safety Act
Date: April 3, 2019 Official Title: To amend the Public Health Service Act to protect the confidentiality of substance use disorder patient records.Short title This Act may be cited as the "Overdose Prevention and Patient Safety Act".Conforming changes relating to substance use disorder Subsections (a) and (h) of section 543 of the Public Health Service Act () are each amended by striking "substance abuse" and inserting "substance use disorder".Disclosures to covered entities consistent with HIPAA Paragraph (2) of section 543(b) of the Public Health Service Act () is amended by adding at the end the following:
  • (D) To a covered entity or to a program or activity described in subsection (a), for the purposes of treatment, payment, and health care operations, so long as such disclosure is made in accordance with HIPAA privacy regulation. Any redisclosure of information so disclosed may only be made in accordance with this section. .Disclosures of de-Identified health information to public health authorities Paragraph (2) of section 543(b) of the Public Health Service Act (), as amended by subsection (b), is further amended by adding at the end the following:
  • (E) To a public health authority, so long as such content meets the standards established in section 164.514(b) of title 45, Code of Federal Regulations (or successor regulations) for creating de-identified information. .Definitions Subsection (b) of section 543 of the Public Health Service Act () is amended by adding at the end the following:
  • (3) Definitions For purposes of this subsection:
    • (A) Covered entity The term "covered entity" has the meaning given such term for purposes of HIPAA privacy regulation.
    • (B) Health care operations The term "health care operations" has the meaning given such term for purposes of HIPAA privacy regulation.
    • (C) HIPAA privacy regulation The term "HIPAA privacy regulation" has the meaning given such term under section 1180(b)(3) of the Social Security Act.
    • (D) Individually identifiable health information The term "individually identifiable health information" has the meaning given such term for purposes of HIPAA privacy regulation.
    • (E) Payment The term "payment" has the meaning given such term for purposes of HIPAA privacy regulation.
    • (F) Public health authority The term "public health authority" has the meaning given such term for purposes of HIPAA privacy regulation.
    • (G) Treatment The term "treatment" has the meaning given such term for purposes of HIPAA privacy regulation.