Sec. 601. HIPAA clarification

199 words·~1 min read·/bill/114/s/2680/is/section-601

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The Secretary of Health and Human Services, acting through the Director of the Office for Civil Rights, shall ensure that providers, professionals, patients and their families, and others involved in mental or substance use disorder treatment or care have adequate, accessible, and easily comprehensible resources relating to appropriate uses and disclosures of protected health information under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note), including resources to clarify permitted uses and disclosures of such information that— require the patient’s consent; require providing the patient with an opportunity to object; are based on the exercise of professional judgment regarding whether the patient would object when the opportunity to object cannot practicably be provided because of the patient's incapacity or an emergency treatment circumstance; and are determined, based on the exercise of professional judgment, to be in the best interest of the patient when the patient is not present or otherwise incapacitated.

In carrying out subsection (a), the Secretary of Health and Human Services shall consider actual and perceived barriers to the ability of family members to assist in the treatment of patients with a serious mental illness.

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42 USC 1320d–2

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Sec. 601

HIPAA clarification

Cite42 USC 1320d–2

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