Sec. 404. Development and dissemination of model training programs
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Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall develop and disseminate— a model program and materials for training health care providers (including physicians, emergency medical personnel, psychologists, counselors, therapists, behavioral health facilities and clinics, care managers, and hospitals) regarding the circumstances under which, consistent with the standards governing the privacy and security of individually identifiable health information promulgated by the Secretary under 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), the protected health information of patients with a mental illness may be disclosed with and without patient consent; a model program and materials for training lawyers and others in the legal profession on such circumstances; and a model program and materials for training patients and their families regarding their rights to protect and obtain information under the standards specified in paragraph (1).
The Secretary shall— periodically review and update the model programs and materials developed under subsection (a); and disseminate the updated model programs and materials. The programs and materials developed under subsection
(a)shall address 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. The Secretary 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 Assistant Secretary for Mental Health and Substance Use, the Administrator of the Health Resources and Services Administration, and the heads of other relevant agencies within the Department of Health and Human Services. In developing the model programs and materials required by subsections
(a)and (b), the Secretary shall solicit the input of relevant national, State, and local associations, medical societies, and licensing boards. There are authorized to be appropriated to carry out this section $4,000,000 for fiscal year 2018, $2,000,000 for each of fiscal years 2019 and 2020, and $1,000,000 for each of fiscal years 2021 and 2022.
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- 42 USC 1320d–2
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