Overdose Prevention and Patient Safety Act

Bill: 115-hr-6082
Sponsor: Rep. Mullin, Markwayne [R-OK-2]
Introduced: 2018-06-13 in the House
Policy area: Health
Subjects: Administrative law and regulatory procedures
Criminal investigation, prosecution, interrogation
Department of Health and Human Services
Disability and health-based discrimination
Drug, alcohol, tobacco use
Employment discrimination and employee rights
Evidence and witnesses
Health information and medical records
Health personnel
Health programs administration and funding
Housing discrimination
Medical education
Prescription drugs
Right of privacy

Summary:
action_date: 2018-06-13
text: 

Overdose Prevention and Patient Safety Act

 
This bill amends the Public Health Service Act to align federal privacy standards for substance use disorder (SUD) patient records more closely with standards under the Health Insurance Portability and Accountability Act (HIPAA). Specifically, the bill authorizes the disclosure of SUD patient records without a patient's written consent to: (1) a covered entity for the purposes of treatment, payment, and health care operations, as long as the disclosure is made in accordance with HIPAA; and (2) a public health authority, as long as the content of the disclosure meets HIPAA standards regarding de-identified information. Current law authorizes disclosure of SUD patient records without a patient's written consent only to medical personnel in a medical emergency, to specified personnel for research or program evaluations, or pursuant to a court order.
 
The bill also repeals and replaces criminal penalties for certain violations involving SUD patient records with the HIPAA civil penalty structure. It also applies HIPAA criminal penalties to wrongful disclosures of SUD patient records. In addition, the bill expands the current prohibition against using SUD patient records in criminal proceedings to include any use in specified federal, state, and local criminal and civil actions.
 
The bill prohibits certain discrimination based on the release of SUD information under this bill.


Legislative actions:
action_date: 2018-06-21
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2018-06-20
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2018-06-20
text: On passage Passed by the Yeas and Nays: 357 - 57 (Roll no. 278). (text: CR H5325-5326)
action_date: 2018-06-20
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 357 - 57 (Roll no. 278).(text: CR H5325-5326)
action_date: 2018-06-20
text: On motion to recommit with instructions Failed by the Yeas and Nays: 175 - 240 (Roll no. 277).
action_date: 2018-06-20
text: Considered as unfinished business. (consideration: CR H5346-5347)
action_date: 2018-06-20
text: POSTPONED PROCEEDINGS - At the conclusion of debate on Pallone motion to recommit with instructions, the Chair put the question on the motion, and by voice vote, announced that the noes had prevailed. Mr. Pallone demanded the yeas and nays and the Chair postponed further proceedings on the motion to recommit with instructions until a time to be announced.
action_date: 2018-06-20
text: The previous question on the motion to recommit with instructions was ordered without objection.
action_date: 2018-06-20
text: DEBATE - The House proceeded with 10 minutes of debate on the Pallone motion to recommit with instructions pending a reservation of a point of order. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to promote subsection (k) to become a section entitled Developement and Dissemination of Model Training Programs for Substance Use Disorder Patient Records. Subsequently, the reservation was removed.
action_date: 2018-06-20
text: Mr. Pallone moved to recommit with instructions to the Committee on Energy and Commerce. (text: CR H5333-5334)
action_date: 2018-06-20
text: The previous question was ordered pursuant to the rule.
action_date: 2018-06-20
text: DEBATE - The House proceeded with one hour of debate on H.R. 6082.
action_date: 2018-06-20
text: Rule provides for consideration of H.R. 6, H.R. 5797 and H.R. 6082. Rule provides for consideration of H.R. 6 and H.R.5797 under structured rules; and provides for consideration of H.R. 6082 under a closed rule. Additionally, the rule directs the Clerk to, in the engrossment of H.R. 6, add the text of H.R. 2851, H.R. 5735, and H.R. 5797 as passed by the House as a new matter at the end of H.R. 6.
action_date: 2018-06-20
text: Considered under the provisions of rule H. Res. 949. (consideration: CR H5325-5335)
action_date: 2018-06-20
text: Rule H. Res. 949 passed House.
action_date: 2018-06-19
text: Rules Committee Resolution H. Res. 949 Reported to House. Rule provides for consideration of H.R. 6, H.R. 5797 and H.R. 6082. Rule provides for consideration of H.R. 6 and H.R.5797 under structured rules; and provides for consideration of H.R. 6082 under a closed rule. Additionally, the rule directs the Clerk to, in the engrossment of H.R. 6, add the text of H.R. 2851, H.R. 5735, and H.R. 5797 as passed by the House as a new matter at the end of H.R. 6.
action_date: 2018-06-13
text: Referred to the House Committee on Energy and Commerce.
action_date: 2018-06-13
text: Introduced in House
action_date: 2018-06-13
text: Introduced in House