of the patient, a record referred to in subsection (a) may 
not— 
‘‘(1) be entered into evidence in any criminal 
prosecution or civil action before a Federal or State 
court; 
‘‘(2) form part of the record for decision or other-
wise be taken into account in any proceeding before 
a Federal agency; 
‘‘(3) be used by any Federal, State, or local 
agency for a law enforcement purpose or to conduct 
any law enforcement investigation of a patient; or 
‘‘(4) be used in any application for a warrant.’’. 
(f) PENALTIES.—Subsection (f) of section 543 of the 
Public Health Service Act (42 U.S.C. 290dd–2) is amended 
to read as follows: 
‘‘(f) PENALTIES.—The provisions of sections 1176 and 
1177 of the Social Security Act shall apply to a violation 
of this section to the extent and in the same manner as 
such provisions apply to a violation of part C of title XI 
of such Act. In applying the previous sentence— 
‘‘(1) the reference to ‘this subsection’ in sub-
section (a)(2) of such section 1176 shall be treated as 
a reference to ‘this subsection (including as applied 
pursuant to section 543(f) of the Public Health Serv-
ice Act)’; and 
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‘‘(2) in subsection (b) of such section 1176— 
‘‘(A) each reference to ‘a penalty imposed 
under subsection (a)’ shall be treated as a ref-
erence to ‘a penalty imposed under subsection 
(a) (including as applied pursuant to section 
543(f) of the Public Health Service Act)’; and 
‘‘(B) each reference to ‘no damages obtained 
under subsection (d)’ shall be treated as a ref-
erence to ‘no damages obtained under subsection 
(d) (including as applied pursuant to section 
543(f) of the Public Health Service Act)’.’’. 
(g) ANTIDISCRIMINATION.—Section 543 of the Public 
Health Service Act (42 U.S.C. 290dd–2) is amended by 
adding at the end the following: 
‘‘(i) ANTIDISCRIMINATION.— 
‘‘(1) IN GENERAL.—No entity shall discriminate 
against an individual on the basis of information re-
ceived by such entity pursuant to a disclosure made 
under subsection (b) in— 
‘‘(A) admission or treatment for health care; 
‘‘(B) hiring or terms of employment; 
‘‘(C) the sale or rental of housing; or 
‘‘(D) access to Federal, State, or local 
courts. 
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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 pro-
vided 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 infor-
mation’ 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 program 
or activity with respect to which the confidentiality require-
ments of section 543 of the Public Health Service Act (42 
U.S.C. 290dd–2) apply should access the applicable State- 
based prescription drug monitoring program as a pre-
caution 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 regula-
tions as may be necessary for implementing and en-
forcing 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 en-
actment 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 appro-
priate experts, shall update section 164.520 of title 
45, Code of Federal Regulations, so that covered enti-
ties provide notice, written in plain language, of pri-
vacy practices regarding patient records referred to in 
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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 description 
of how the individual may exercise these rights 
(as required by paragraph (b)(1)(iv) of such sec-
tion 164.520); and 
(B) a description of each purpose for which 
the covered entity is permitted or required to use 
or disclose protected health information without 
the patient’s written authorization (as required 
by paragraph (b)(2) of such section 164.520). 
(k) DEVELOPMENT AND DISSEMINATION OF MODEL 
TRAINING PROGRAMS FOR SUBSTANCE USE DISORDER PA-
TIENT 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 Services 
(referred to in this subsection as the ‘‘Secretary’’), in 
consultation with appropriate experts, shall identify 
the following model programs and materials (or if no 
such programs or materials exist, recognize private or 
public entities to develop and disseminate such pro-
grams and materials): 
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