Sec. 501. Findings

265 words·~1 min read·/bill/114/s/1945/is/section-501

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Senate makes the following findings: The privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act ( 42 U.S.C. 1320d–2 note) recognize the value of family members in the health and well-being of individuals experiencing temporary psychosis. However, a lack of understanding by health professionals has been a barrier to many family members assisting in the treatment of an individual with serious mental illness. The privacy rule under section 164.510(b)(2) of title 45, Code of Federal Regulations allows for the disclosure of protected health information in the event that a covered entity receives the individual’s agreement provides an opportunity for an individual to object, and the individual does not express an objection or the covered entity reasonably infers that the individual does not object.

The privacy rule under section 164.510(b)(3) of title 45, Code of Federal Regulations allows for the disclosure of protected health information if an individual is not present or is otherwise incapacitated if the medical provider determines that the disclosure is in the best interests of the individual. Engagement by family members has been shown to help individuals with serious mental illness adhere to a treatment plan and improved outcomes. Whenever possible, an individual who is the subject of protected health information shall be given advanced notice of the desire to share information with family members or other caregivers.

This notice should include an explanation of what information is to be shared and why it is clinically desirable to share such information. The use of psychiatric advance directives should be encouraged for individuals with serious mental illness.

Connections1 off-index

1 reference not yet in our index

42 USC 1320d–2

Citation graph

cites case law

Sec. 501

Findings

Cite42 USC 1320d–2

Cites 1Cited by 0 across 0 sources