104 S3638 IS: Dependent Controlled Substance Transparency Act U.S. Senate 2024-01-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS2d SessionS. 3638IN THE SENATE OF THE UNITED STATESJanuary 23, 2024Mr. Vance introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo allow health plan policyholders to obtain information about controlled substances prescribed to adult children enrolled in such plan.

1.

Short title

This Act may be cited as the Dependent Controlled Substance Transparency Act.

2.

Privacy exception with respect to controlled substances prescribed to dependents

(a)

In general

Notwithstanding the privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 42 U.S.C. 1320d–2 note) or any other provision of law, in the case of an adult child enrolled in a group health plan or in group or individual health insurance coverage as a dependent of the policyholder of such plan or coverage, a covered entity shall make available to such policyholder, upon request, information relating to any controlled substance prescribed to such adult child.(b)

Exception

Subsection (a) shall not apply in the case of a controlled substance prescribed to an adult child as medication-assisted treatment for a substance use disorder.(c)

Definitions

In this section—(1)the term controlled substance has the meaning given such term in section 102 of the Controlled Substances Act (21 U.S.C. 802); (2)the term covered entity has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations (or any successor regulations)); and(3)the terms group health plan and health insurance issuer have the meanings given such terms in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91).