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‘‘(2) RECIPIENTS OF FEDERAL FUNDS.—No re-
cipient of Federal funds shall discriminate against 
an individual on the basis of information received by 
such recipient pursuant to a disclosure made under 
subsection (b) in affording access to the services 
provided with such funds.’’. 
(h) NOTIFICATION IN CASE OF BREACH.—Section 
543 of the Public Health Service Act (42 U.S.C. 290dd– 
2), as amended by subsection (g), is further amended by 
adding at the end the following: 
‘‘(j) NOTIFICATION IN CASE OF BREACH.— 
‘‘(1) APPLICATION
OF
HITECH
NOTIFICATION 
OF BREACH PROVISIONS.—The provisions of section 
13402 of the HITECH Act (42 U.S.C. 17932) shall 
apply to a program or activity described in sub-
section (a), in case of a breach of records described 
in subsection (a), to the same extent and in the 
same manner as such provisions apply to a covered 
entity in the case of a breach of unsecured protected 
health information. 
‘‘(2) DEFINITIONS.—In this subsection, the 
terms ‘covered entity’ and ‘unsecured protected 
health information’ have the meanings given to such 
terms for purposes of such section 13402.’’. 
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(i) SENSE OF CONGRESS.—It is the sense of the Con-
gress that any person treating a patient through a pro-
gram or activity with respect to which the confidentiality 
requirements of section 543 of the Public Health Service 
Act (42 U.S.C. 290dd–2) apply should access the applica-
ble State-based prescription drug monitoring program as 
a precaution against substance use disorder. 
(j) REGULATIONS.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services, in consultation with appropriate 
Federal agencies, shall make such revisions to regu-
lations as may be necessary for implementing and 
enforcing the amendments made by this section, 
such that such amendments shall apply with respect 
to uses and disclosures of information occurring on 
or after the date that is 12 months after the date 
of enactment of this Act. 
(2) EASILY UNDERSTANDABLE NOTICE OF PRI-
VACY PRACTICES.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of 
Health and Human Services, in consultation with 
appropriate experts, shall update section 164.520 of 
title 45, Code of Federal Regulations, so that cov-
ered entities provide notice, written in plain lan-
guage, of privacy practices regarding patient records 
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referred to in section 543(a) of the Public Health 
Service Act (42 U.S.C. 290dd–2(a)), including— 
(A) a statement of the patient’s rights, in-
cluding self-pay patients, with respect to pro-
tected health information and a brief descrip-
tion of how the individual may exercise these 
rights (as required by paragraph (b)(1)(iv) of 
such section 164.520); and 
(B) a description of each purpose for 
which the covered entity is permitted or re-
quired to use or disclose protected health infor-
mation without the patient’s written authoriza-
tion (as required by paragraph (b)(2) of such 
section 164.520). 
(k) DEVELOPMENT AND DISSEMINATION OF MODEL 
TRAINING PROGRAMS FOR SUBSTANCE USE DISORDER 
PATIENT RECORDS.— 
(1) INITIAL PROGRAMS AND MATERIALS.—Not 
later than 1 year after the date of the enactment of 
this Act, the Secretary of Health and Human Serv-
ices (referred to in this subsection as the ‘‘Sec-
retary’’), in consultation with appropriate experts, 
shall identify the following model programs and ma-
terials (or if no such programs or materials exist, 
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recognize private or public entities to develop and 
disseminate such programs and materials): 
(A) Model programs and materials for 
training health care providers (including physi-
cians, emergency medical personnel, psychia-
trists, 
psychologists, 
counselors, 
therapists, 
nurse practitioners, physician assistants, behav-
ioral health facilities and clinics, care managers, 
and hospitals, including individuals such as gen-
eral counsels or regulatory compliance staff who 
are responsible for establishing provider privacy 
policies) concerning the permitted uses and dis-
closures, consistent with the standards and reg-
ulations governing the privacy and security of 
substance use disorder patient records promul-
gated by the Secretary under section 543 of the 
Public Health Service Act (42 U.S.C. 290dd– 
2), as amended by this section, for the con-
fidentiality of patient records. 
(B) Model programs and materials for 
training patients and their families regarding 
their rights to protect and obtain information 
under the standards and regulations described 
in subparagraph (A). 
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(2) REQUIREMENTS.—The model programs and 
materials described in subparagraphs (A) and (B) of 
paragraph (1) shall address circumstances under 
which disclosure of substance use disorder patient 
records is needed to— 
(A) facilitate communication between sub-
stance use disorder treatment providers and 
other health care providers to promote and pro-
vide the best possible integrated care; 
(B) avoid inappropriate prescribing that 
can lead to dangerous drug interactions, over-
dose, or relapse; and 
(C) notify and involve families and care-
givers when individuals experience an overdose. 
(3) 
PERIODIC
UPDATES.—The 
Secretary 
shall— 
(A) periodically review and update the 
model programs and materials identified or de-
veloped under paragraph (1); and 
(B) disseminate such updated programs 
and materials to the individuals described in 
paragraph (1)(A). 
(4) INPUT OF CERTAIN ENTITIES.—In identi-
fying, reviewing, or updating the model programs 
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and materials under this subsection, the Secretary 
shall solicit the input of relevant stakeholders. 
(l) RULES OF CONSTRUCTION.—Nothing in this Act 
or the amendments made by this Act shall be construed 
to limit— 
(1) a patient’s right, as described in section 
164.522 of title 45, Code of Federal Regulations, or 
any successor regulation, to request a restriction on 
the use or disclosure of a record referred to in sec-
tion 543(a) of the Public Health Service Act (42 
U.S.C. 290dd–2(a)) for purposes of treatment, pay-
ment, or health care operations; or 
(2) a covered entity’s choice, as described in 
section 164.506 of title 45, Code of Federal Regula-
tions, or any successor regulation, to obtain the con-
sent of the individual to use or disclose a record re-
ferred to in such section 543(a) to carry out treat-
ment, payment, or health care operation. 
(m) SENSE OF CONGRESS.—It is the sense of the 
Congress that— 
(1) patients have the right to request a restric-
tion on the use or disclosure of a record referred to 
in section 543(a) of the Public Health Service Act 
(42 U.S.C. 290dd–2(a)) for treatment, payment, or 
health care operations; and 
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(2) covered entities should make every reason-
able effort to the extent feasible to comply with a 
patient’s request for a restriction regarding such use 
or disclosure. 
Passed the House of Representatives June 20, 2018. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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