Jessie's Law

To amend the Public Health Service Act to provide for the sharing of health information concerning an individual’s substance abuse treatment by certain entities. 1. Short title This Act may be cited as Jessie’s Law 2. Confidentiality of records (a) Expansion of who can consent Section 543(b) of the Public Health Service Act ( 42 U.S.C. 290dd–2(b) (1) in paragraph (1)— (A) by inserting or oral written (B) by inserting or a parent, legal guardian, or spouse of the patient, maintained (2) in paragraph (2)— (A) by inserting (or parent, legal guardian, or spouse) patient (B) by inserting or oral written (b) Exception for sharing of certain information Section 543(e) of the Public Health Service Act ( 42 U.S.C. 290dd–2(e) (1) in paragraph (1), by striking ; or (2) in paragraph (2), by striking the period and inserting ; or (3) after paragraph (2), by inserting the following: (3) within accountable care organizations described in section 1899 of the Social Security Act ( 42 U.S.C. 1395jjj 42 U.S.C. 1396w–4(h)(3) Public Law 111–5 42 U.S.C. 17921(5) . 3. Inclusion of opioid addiction history in patient records (a) Development of standards Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall develop and disseminate standards to provide information to hospitals and physicians relating to prominently displaying the history of opioid addiction in the medical records of patients (including electronic health records) if the patients have consented to having such information included in such records. (b) Requirements The standards developed under subsection (a) shall take into account the following: (1) The potential for addiction relapse or overdose death if opioid medications are prescribed to an individual recovering from opioid addiction. (2) The need to display the past opioid addiction of a patient in a manner similar to other potentially lethal medical concerns, including drug allergies and contraindications. (3) The need for information about past opioid addiction to be prominently displayed when a physician or medical professional is prescribing medication. (4) The need for a variety of medical professionals, including physicians, nurses, and pharmacists, to have access to information described in this section when prescribing or dispensing opioid medication to ensure that the medication is medically appropriate given the history of addiction of the patient.

Summary: Jessie's Law This bill amends the Public Health Service Act to permit disclosure of patient records relating to substance abuse with the patient's oral consent or the consent of the patient's parent, legal guardian, or spouse. (Currently, disclosure is permitted only with the patient's written consent.) Interchange of such records is permitted within accountable care organizations, health information exchanges, and integrated care arrangements for purposes of attaining interoperability, improving care coordination, reducing health care costs, and securing or providing patient safety. The Department of Health and Human Services must develop and disseminate standards for hospitals and physicians regarding displaying a patient's history of opioid addiction in the patient's medical records with the patient's consent.