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U.S. Senate Passes Jessie’s Law to Help Prevent Drug Overdoses

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West Virginia senators Joe Manchin and Shelley Moore Capito have announced that Jessie’s Law has been passed by the Senate. The legislation is intended to ensure doctors are provided with details of a patient’s previous substance abuse history if consent to share the information is provided by the patient.

Jesse’s law takes its name from Michigan resident Jessica Grubb who was in recovery from opioid abuse when she underwent surgery. She had been struggling with addition for seven years, but prior to surgery had been clean for 6 months.

Her parents, who were at the hospital while their daughter underwent surgery, had repeatedly told doctors not to prescribe opioids unless their daughter was under the strictest supervision. However, her discharging physician gave her a prescription for 50 oxycodone tablets. Grubb overdosed and died the same night she was discharged from hospital. Her discharging doctor did not receive the information about her history of opioid use.

The bill, which was introduced by Sen. Manchin and co-sponsored by Capito, will ensure physicians are better informed about the medical histories of recovering addicts, while preserving the privacy of patients. The new bill states a “history of opioid use disorder should, only at the patient’s request, be prominently displayed in the medical records (including electronic health records).”

The Department of Health and Human Services will be required to publish guidelines on when healthcare providers are permitted to prominently display details of a patient’s history of opioid use on their medical record.

Jessie’s mother Kate Grubb said, “I am ever so grateful for the passage of Jessie’s Law; it eases a mother’s aching heart that this law will save other lives and give meaning to Jessie’s death.”

The bill will now proceed to the U.S. House of Representatives’ Committee on Energy and Commerce for consideration.

Legislation Proposed to Align Part 2 Regulations with HIPAA to Improve Patient Care

Congressmen Tim Murphy and Earl Blumenauer introduced a similar bill – The Overdose Prevention and Patient Safety (OPPS) Act (HR 3545) – late last month. The bill is intended to align 42 Code of Federal Regulations Part 2 (Part 2) with HIPAA rules and will ensure doctors have access to their patients’ complete medical histories, including details of addiction treatment. Details of addiction treatment are prohibited from being shared with doctors. However, without access to full medical records, tragic incidents such as what happened to Grubb could occur time and again.

Rep. Murphy said, “The Overdose Prevention and Patient Safety Act will allow doctors to deliver optimal, lifesaving medical care, while maintaining the highest level of privacy for the patient.” Murphy also explained that while sharing sensitive information on substance use will help patients get the care they need; patient privacy must be protected. “We do not want patients with substance use disorders to be made vulnerable as a result of seeking treatment for addiction, this legislation strengthens protections of their records.”

The Overdose Prevention and Patient Safety Act reads, “Any record…that has been used or disclosed to initiate or substantiate any criminal charges against a patient or to conduct any investigation of a patient in violation of paragraphs (1) or (2), shall be excluded from evidence in any proposed or actual proceedings relating to such criminal charges or investigation and absent good cause shown shall result in the automatic dismissal of any proceedings for which the content of the record was offered.”

A coalition of more than 30 healthcare stakeholders wrote to Reps Murphy and Blumenauer to express support for the bill. In the letter, the coalition points out that while the Substance Abuse and Mental Health Services Administration (SAMHSA) recently released a final rule that will modernize Part 2, the final rule does not go far enough.

Author: HIPAA Journal

HIPAA Journal provides the most comprehensive coverage of HIPAA news anywhere online, in addition to independent advice about HIPAA compliance and the best practices to adopt to avoid data breaches, HIPAA violations and regulatory fines.

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