IIB 
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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as ‘‘Jessie’s Law’’. 
SEC. 2. INCLUSION OF OPIOID ADDICTION HISTORY IN PA-
TIENT 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 pa-
tient health information and records, and a health 
care provider, shall identify or facilitate the develop-
ment of best practices regarding— 
(A) the circumstances under which infor-
mation 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 med-
ical 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. 
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(2) DISSEMINATION.—The Secretary shall dis-
seminate the best practices developed under para-
graph (1) to health care providers and State agen-
cies. 
(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 over-
dose, including overdose death, when opioid medica-
tions 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 contraindica-
tions. 
(3) The importance of prominently displaying 
information about a patient’s opioid use disorder 
when a physician or medical professional is pre-
scribing 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 de-
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scribed in this section when prescribing or dis-
pensing opioid medication, consistent with Federal 
and State laws and regulations. 
(5) The importance of protecting patient pri-
vacy, 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 EMER-
GENCIES. 
(a) PROMOTING AWARENESS OF AUTHORIZED DIS-
CLOSURES DURING EMERGENCIES.—The Secretary of 
Health and Human Services, acting through the Adminis-
trator of the Centers for Medicare & Medicaid Services 
and the Administrator of the Health Resources and Serv-
ices Administration, shall annually develop and dissemi-
nate 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 fami-
lies, caregivers, and health care providers. 
(b) USE OF MATERIAL.—For the purposes of car-
rying out subsection (a), the Secretary of Health and 
Human Services may use material produced under section 
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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. 
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