Sec. 403. Clarification of circumstances under which disclosure of protected health information is permitted
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Not later than 1 year after the date of enactment of this section, the Secretary of Health and Human Services shall promulgate final regulations clarifying the circumstances under which, consistent with the provisions of subpart C of title XI of the Social Security Act ( 42 U.S.C. 1320d et seq. ) and regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note), a health care provider or covered entity may disclose the protected health information of a patient with a mental illness, including for purposes of— communicating (including with respect to treatment, side effects, risk factors, and the availability of community resources) with a family member of such patient, caregiver of such patient, or other individual to the extent that such family member, caregiver, or individual is involved in the care of the patient; communicating with a family member of the patient, caregiver of such patient, or other individual involved in the care of the patient in the case that the patient is an adult; communicating with the parent or caregiver of a patient in the case that the patient is a minor; considering the patient’s capacity to agree or object to the sharing of the protected health information of the patient; communicating and sharing information with the family or caregivers of the patient when— the patient consents; the patient does not consent, but the patient lacks the capacity to agree or object and the communication or sharing of information is in the patient’s best interest; the patient does not consent and the patient is not incapacitated or in an emergency circumstance, but the ability of the patient to make rational health care decisions is significantly diminished by reason of the physical or mental health condition of the patient; and the patient does not consent, but such communication and sharing of information is necessary to prevent impending and serious deterioration of the patient’s mental or physical health; involving a patient’s family members, caregivers, or others involved in the patient’s care or care plan, including facilitating treatment and medication adherence, in dealing with patient failures to adhere to medication or other therapy; listening to or receiving information with respect to the patient from the family or caregiver of such patient receiving mental illness treatment; communicating with family members of the patient, caregivers of the patient, law enforcement, or others when the patient presents a serious and imminent threat of harm to self or others; and communicating to law enforcement and family members of the patient or caregivers of the patient about the admission of the patient to receive care at a facility or the release of a patient who was admitted to a facility for an emergency psychiatric hold or involuntary treatment.
The Secretary of Health and Human Services shall carry out this section in coordination with the Director of the Office for Civil Rights within the Department of Health and Human Services. The Secretary of Health and Human Services shall ensure that the regulations under this section are consistent with the guidance entitled HIPAA Privacy Rule and Sharing Information Related to Mental Health , issued by the Department of Health and Human Services on February 20, 2014.
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U.S. Code
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- 42 USC 1320d–2
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Sec. 403
Clarification of circumstances under which disclosure of protected health information is permitted
Cite42 USC 1320d–2
Cites 2Cited by 0 across 0 sources