United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2016_register executive 2016-01-06 article Rules and Regulations D09002ee1c7f6b354 D09002ee1c7f6b3bc United States Department of Health and Human Services originator org United States Government Agency or Subagency United States Office of the Secretary originator org United States Government Agency or Subagency The Department of Health and Human Services (HHS or "the Department") is issuing this final rule to modify the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to expressly permit certain HIPAA covered entities to disclose to the National Instant Criminal Background Check System (NICS) the identities of individuals who are subject to a Federal "mental health prohibitor" that disqualifies them from shipping, transporting, possessing, or receiving a firearm. The NICS is a national system maintained by the Federal Bureau of Investigation (FBI) to conduct background checks on persons who may be disqualified from receiving firearms based on Federally prohibited categories or State law. Among the persons subject to the Federal mental health prohibitor established under the Gun Control Act of 1968 and implementing regulations issued by the Department of Justice (DOJ) are individuals who have been involuntarily committed to a mental institution; found incompetent to stand trial or not guilty by reason of insanity; or otherwise have been determined by a court, board, commission, or other lawful authority to be a danger to themselves or others or to lack the mental capacity to contract or manage their own affairs, as a result of marked subnormal intelligence or mental illness, incompetency, condition, or disease. Under this final rule, only covered entities with lawful authority to make the adjudications or commitment decisions that make individuals subject to the Federal mental health prohibitor, or that serve as repositories of information for NICS reporting purposes, are permitted to disclose the information needed for these purposes. The disclosure is restricted to limited demographic and certain other information needed for NICS purposes. The rule specifically prohibits the disclosure of diagnostic or clinical information, from medical records or other sources, and any mental health information beyond the indication that the individual is subject to the Federal mental health prohibitor. 81 FR 382 https://www.govinfo.gov/app/details/FR-2016-01-06/2015-33181 2015-33181 fr06ja16-4 4153-01-P https://www.govinfo.gov/app/details/FR-2016-01-06/2015-33181 https://www.govinfo.gov/content/pkg/FR-2016-01-06/html/2015-33181.htm https://www.govinfo.gov/content/pkg/FR-2016-01-06/pdf/2015-33181.pdf Administrative Practice and Procedure Computer Technology Electronic Information System Electronic Transactions Employer Benefit Plan Health Health Care Health Facilities Health Insurance Health Records Hospitals Medicaid Medical Research Medicare Privacy Reporting and Recordkeeping Requirements Security 15 p. 382 396 81 FR 382 Title 45 Part 164 45 CFR Part 164 Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule and the National Instant Criminal Background Check System (NICS); Federal Register Vol. 81, Issue RULE 2015-33181 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2016-02-05 4153-01-P 2015-33181 Final rule.

The Department of Health and Human Services (HHS or "the Department") is issuing this final rule to modify the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to expressly permit certain HIPAA covered entities to disclose to the National Instant Criminal Background Check System (NICS) the identities of individuals who are subject to a Federal "mental health prohibitor" that disqualifies them from shipping, transporting, possessing, or receiving a firearm. The NICS is a national system maintained by the Federal Bureau of Investigation (FBI) to conduct background checks on persons who may be disqualified from receiving firearms based on Federally prohibited categories or State law. Among the persons subject to the Federal mental health prohibitor established under the Gun Control Act of 1968 and implementing regulations issued by the Department of Justice (DOJ) are individuals who have been involuntarily committed to a mental institution; found incompetent to stand trial or not guilty by reason of insanity; or otherwise have been determined by a court, board, commission, or other lawful authority to be a danger to themselves or others or to lack the mental capacity to contract or manage their own affairs, as a result of marked subnormal intelligence or mental illness, incompetency, condition, or disease. Under this final rule, only covered entities with lawful authority to make the adjudications or commitment decisions that make individuals subject to the Federal mental health prohibitor, or that serve as repositories of information for NICS reporting purposes, are permitted to disclose the information needed for these purposes. The disclosure is restricted to limited demographic and certain other information needed for NICS purposes. The rule specifically prohibits the disclosure of diagnostic or clinical information, from medical records or other sources, and any mental health information beyond the indication that the individual is subject to the Federal mental health prohibitor.

Effective date: This final rule is effective on February 5, 2016. Andra Wicks, 202-205-2292. Administrative Practice and Procedure Computer Technology Electronic Information System Electronic Transactions Employer Benefit Plan Health Health Care Health Facilities Health Insurance Health Records Hospitals Medicaid Medical Research Medicare Privacy Reporting and Recordkeeping Requirements Security Health Insurance Portability and Accountability Act Privacy Rule and the National Instant Criminal Background Check System , http://www.atf.gov/forms/download/atf-f-4473-1.pdf http://www.bjs.gov/index.cfm?ty=tp&tid=491#promising http://www.fbi.gov/about-us/cjis/nics/general-information/nics-overview http://www.justice.gov/ola/testimony/112-1/11-15-11-fbi-cuthbertson-testimony-re-the-fix-gun-checks-act.pdf https://forms.fbi.gov/nice-appeals-request-form www.fbi.gov/about-us/cjis/nice/general-information/fact-sheet Vol. 81, no. 3 Office of the Federal Register, National Archives and Records Administration 2016-01-06 continuing daily deposited born digital 353 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2016-01-06 P0b002ee18e3ff337 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr06ja16 https://www.govinfo.gov/app/details/FR-2016-01-06 https://www.govinfo.gov/content/pkg/FR-2016-01-06/pdf/FR-2016-01-06.pdf https://www.govinfo.gov/content/pkg/FR-2016-01-06/xml/FR-2016-01-06.xml fdlp 371 718 DGPO 2016-01-06 2024-06-02 FR-2016-01-06 machine generated eng FR FR-2016-01-06 81 3