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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5009 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 5009

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2018

     Received; read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 AN ACT

 
   To include information concerning a patient's opioid addiction in 
                        certain medical records.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as ``Jessie's Law''.

SEC. 2. INCLUSION OF OPIOID ADDICTION HISTORY IN PATIENT RECORDS.

    (a) Best Practices.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services, in consultation with appropriate stakeholders, 
        including a patient with a history of opioid use disorder, an 
        expert in electronic health records, an expert in the 
        confidentiality of patient health information and records, and 
        a health care provider, shall identify or facilitate the 
        development of best practices regarding--
                    (A) the circumstances under which information that 
                a patient has provided to a health care provider 
                regarding such patient's history of opioid use disorder 
                should, only at the patient's request, be prominently 
                displayed in the medical records (including electronic 
                health records) of such patient;
                    (B) what constitutes the patient's request for the 
                purpose described in subparagraph (A); and
                    (C) the process and methods by which the 
                information should be so displayed.
            (2) Dissemination.--The Secretary shall disseminate the 
        best practices developed under paragraph (1) to health care 
        providers and State agencies.
    (b) Requirements.--In identifying or facilitating the development 
of best practices under subsection (a), as applicable, the Secretary, 
in consultation with appropriate stakeholders, shall consider the 
following:
            (1) The potential for addiction relapse or overdose, 
        including overdose death, when opioid medications are 
        prescribed to a patient recovering from opioid use disorder.
            (2) The benefits of displaying information about a 
        patient's opioid use disorder history in a manner similar to 
        other potentially lethal medical concerns, including drug 
        allergies and contraindications.
            (3) The importance of prominently displaying information 
        about a patient's opioid use disorder when a physician or 
        medical professional is prescribing medication, including 
        methods for avoiding alert fatigue in providers.
            (4) The importance of a variety of appropriate medical 
        professionals, including physicians, nurses, and pharmacists, 
        to have access to information described in this section when 
        prescribing or dispensing opioid medication, consistent with 
        Federal and State laws and regulations.
            (5) The importance of protecting patient privacy, including 
        the requirements related to consent for disclosure of substance 
        use disorder information under all applicable laws and 
        regulations.
            (6) All applicable Federal and State laws and regulations.

SEC. 3. COMMUNICATION WITH FAMILIES DURING EMERGENCIES.

    (a)  Promoting Awareness of Authorized Disclosures During 
Emergencies.--The Secretary of Health and Human Services, acting 
through the Administrator of the Centers for Medicare & Medicaid 
Services and the Administrator of the Health Resources and Services 
Administration, shall annually develop and disseminate written 
materials (electronically or by other means) to health care providers 
regarding permitted disclosures under Federal health care privacy law 
during emergencies, including overdoses, of certain health information 
to families, caregivers, and health care providers.
    (b) Use of Material.--For the purposes of carrying out subsection 
(a), the Secretary of Health and Human Services may use material 
produced under section 11004 of the 21st Century Cures Act (42 U.S.C. 
1320d-2 note).

            Passed the House of Representatives June 12, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```