[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2866 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 2866

 To amend the Public Health Service Act to provide for the sharing of 
health information concerning an individual's substance abuse treatment 
                          by certain entities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2016

  Mr. Manchin (for himself and Mrs. Capito) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Public Health Service Act to provide for the sharing of 
health information concerning an individual's substance abuse treatment 
                          by certain entities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as ``Jessie's Law''.

SEC. 2. CONFIDENTIALITY OF RECORDS.

    (a) Expansion of Who Can Consent.--Section 543(b) of the Public 
Health Service Act (42 U.S.C. 290dd-2(b)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``or oral'' after ``written''; and
                    (B) by inserting ``or a parent, legal guardian, or 
                spouse of the patient,'' after ``maintained''; and
            (2) in paragraph (2)--
                    (A) by inserting ``(or parent, legal guardian, or 
                spouse)'' after ``patient''; and
                    (B) by inserting ``or oral'' after ``written''.
    (b) Exception for Sharing of Certain Information.--Section 543(e) 
of the Public Health Service Act (42 U.S.C. 290dd-2(e)) is amended--
            (1) in paragraph (1), by striking ``; or'' and inserting a 
        semicolon;
            (2) in paragraph (2), by striking the period and inserting 
        ``; or''; and
            (3) after paragraph (2), by inserting the following:
            ``(3) within accountable care organizations described in 
        section 1899 of the Social Security Act (42 U.S.C. 1395jjj), 
        health information exchanges (as defined for purposes of 
        section 3013), health homes (as defined in section 1945(h)(3) 
        of such Act (42 U.S.C. 1396w-4(h)(3))), or other integrated 
        care arrangements (in existence before, on, or after the date 
        of the enactment of this paragraph) involving the interchange 
        of electronic health records (as defined in section 13400 of 
        division A of Public Law 111-5 (42 U.S.C. 17921(5))) containing 
        information described in subsection (a), for purposes of 
        attaining interoperability, improving care coordination, 
        reducing health care costs, and securing or providing patient 
        safety.''.

SEC. 3. INCLUSION OF OPIOID ADDICTION HISTORY IN PATIENT RECORDS.

    (a) Development of Standards.--Not later than 1 year after the date 
of enactment of this Act, the Secretary of Health and Human Services 
shall develop and disseminate standards to provide information to 
hospitals and physicians relating to prominently displaying the history 
of opioid addiction in the medical records of patients (including 
electronic health records) if the patients have consented to having 
such information included in such records.
    (b) Requirements.--The standards developed under subsection (a) 
shall take into account the following:
            (1) The potential for addiction relapse or overdose death 
        if opioid medications are prescribed to an individual 
        recovering from opioid addiction.
            (2) The need to display the past opioid addiction of a 
        patient in a manner similar to other potentially lethal medical 
        concerns, including drug allergies and contraindications.
            (3) The need for information about past opioid addiction to 
        be prominently displayed when a physician or medical 
        professional is prescribing medication.
            (4) The need for a variety of medical professionals, 
        including physicians, nurses, and pharmacists, to have access 
        to information described in this section when prescribing or 
        dispensing opioid medication to ensure that the medication is 
        medically appropriate given the history of addiction of the 
        patient.
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