Sec. 301. Clarification of circumstances under which disclosure of protected health information of mental illness patients is permitted
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The HITECH Act (title XIII of division A of Public Law 111–5 ) is amended by adding at the end of subtitle D of such Act ( 42 U.S.C. 17921 et seq. ) the following: Not later than one year after the date of enactment of this section, the Secretary shall promulgate final regulations clarifying the circumstances under which, consistent with the standards governing the privacy and security of individually identifiable health information promulgated by the Secretary under sections 262(a) and 264 of the Health Insurance Portability and Accountability Act of 1996, health care providers and covered entities may disclose the protected health information of patients with a mental illness, including for purposes of— communicating with a patient’s family, caregivers, friends, or others involved in the patient’s care, including communication about treatments, side effects, risk factors, and the availability of community resources; communicating with family or caregivers when the patient is an adult; communicating with the parent or caregiver of a patient who is a minor; considering the patient’s capacity to agree or object to the sharing of their information; communicating and sharing information with a patient’s family or caregivers when— the patient consents; or 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; involving a patient’s family members, friends, or caregivers, or others involved in the patient’s care in the patient’s care plan, including treatment and medication adherence, in dealing with patient failures to adhere to medication or other therapy; listening to or receiving information from family members or caregivers about their loved ones receiving mental illness treatment; communicating with family members, caregivers, 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 or caregivers about the admission of a 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 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 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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- Pub. L. 111-5
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Sec. 301
Clarification of circumstances under which disclosure of protected health information of mental illness patients is permitted
Pub. L.Pub. L. 111-5
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