[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3638 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3638

    To allow health plan policyholders to obtain information about 
  controlled substances prescribed to adult children enrolled in such 
                                 plan.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 23, 2024

   Mr. Vance introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To allow health plan policyholders to obtain information about 
  controlled substances prescribed to adult children enrolled in such 
                                 plan.

    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 the ``Dependent Controlled Substance 
Transparency Act''.

SEC. 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).
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