Like Countable?

Install the App
TRY NOW

bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
      senate Committees
      Senate Committee on Health, Education, Labor, and Pensions
  • The house Passed June 20th, 2018
    Roll Call Vote 357 Yea / 57 Nay
      house Committees
      House Committee on Energy and Commerce
    IntroducedJune 13th, 2018

Log in or create an account to see how your Reps voted!

What is it?

This bill — the Overdose Prevention and Patient Safety Act — would require that substance use treatment records are including in patients’ medical records under the Health Insurance Portability and Accountability Act (HIPAA). It would also enhance penalties for the disclosure of substance use disorder treatment records, add notification requirements in the event of a breach, and provide protections from discrimination for people seeking and receiving treatment.

Impact

Patients with past drug abuse treatment and their doctors; and health records regulators.

Cost

$1.00 Million
The CBO estimates that enacting this bill would cost $1 million over the 2019-2023 period.

More Information

In-Depth: Sponsoring Rep. Markwayne Mullin (R-OK) introduced this bill to give doctors access to information about a patient’s past treatment for drug abuse and addiction by updating HIPAA:

“In order to responsibly diagnose patients, doctors need to know the whole story about their patient’s medical history. Currently, doctors do not have access to crucial information in a patient’s medical history such as previous treatment for drug abuse and addiction, making it difficult to safely and holistically treat the patient. The Overdose Prevention and Patient Safety Act updates an outdated law to give doctors the whole story on their patient’s medical history and ensure that a patient with a history of opioid abuse isn’t treated with opioids.”

Original cosponsor Rep. Earl Blumenauer (D-OR) added:

“My Overdose Prevention and Patient Safety Act would make sure substance abuse treatment records are included in the medical record, while also strengthening privacy standards to protect patients’ personal treatment information. Recently, that legislation passed out of Committee, and it’s one step closer to becoming law. This is a small step forward, but it’s a sign of progress.”

This legislation passed the House Energy & Commerce Committee on a 34-17 vote.


Media:

Summary by Eric Revell

(Photo Credit: spxChrome / iStock)

AKA

Overdose Prevention and Patient Safety Act

Official Title

To amend the Public Health Service Act to protect the confidentiality of substance use disorder patient records.

    This bill as proposed retains the privacy safeguards of HIPPA. Under HIPPA your medical records can't be used against you in employment, housing, etc or any civil, state or federal action. except by court order . Further there are penalties for disclosure if that happens by any means. It makes sense to have all your medical records available to your care provider where and when it is needed. This bill should become law.
    Like (67)
    Follow
    Share
    Doctors discriminate. So, no. In New York State doctors can discharge you from their practice for using cannabis. It happens all the time because doctors care more about their business than helping people. End discrimination against cannabis users first.
    Like (56)
    Follow
    Share
    Are we trying to create a vehicle for pre-existing conditions so that insurance companies can refuse coverage? Complete med records are important BUT Nothing fair or balanced ever came out of OK under a (R) bill.
    Like (38)
    Follow
    Share
    It could be medically relevant for future treatment.
    Like (22)
    Follow
    Share
    This is a safety issue. If a patient has had a past problem with drugs, a doctor may look for alternatives to highly addictive treatments.
    Like (20)
    Follow
    Share
    Although those issues belong in medical records, the protection is weak because so many agencies demand “release” of the records by their potential client. Insurance companies will likely use it to decrease risk as would be expected. Won’t make it easier for people to accept drug treatment nor divulge use.
    Like (17)
    Follow
    Share
    This bill should be passed because patients can avoid relapse. Doctors would also have a better idea of how to treat to their patients. Opioid overdose/misuse is serious issue.
    Like (11)
    Follow
    Share
    Someone will be reluctant to seek treatment if this will become a red flag the rest of their life.
    Like (11)
    Follow
    Share
    Medical record needs to be complete to be helpful.
    Like (11)
    Follow
    Share
    No....a human has a right to unbiased services. We can’t expect to rehabilitate citizens if they’re constantly having to fight their past. Forgive and let them move on.
    Like (10)
    Follow
    Share
    Those are protected records. Need patient consent or a court order.
    Like (10)
    Follow
    Share
    Healthcare workers have a right and need to know this information. It can be critical to decisions in the patient’s care and treatment.
    Like (9)
    Follow
    Share
    It is essential information for all healthcare providers to know when treating patients.
    Like (9)
    Follow
    Share
    This should not be included in someone’s PRESENT medical record. People should not have to constantly be reminded of their past mistakes or behaviors.
    Like (8)
    Follow
    Share
    It should be up to the individual whether they want this in their record or not.
    Like (8)
    Follow
    Share
    This will be used to drop people from insurance for a preexisting condition.
    Like (8)
    Follow
    Share
    I don’t see why this should not be included in someone’s medical records. As long as it follows the same privacy policies that all medical treatment/procedures under HIPAA. Knowledge of this history will allow the doctor treating you to make the best decisions possible and provide the most effective treatments. Including avoiding highly addictive opioid pain killers if you’ve show addictive tendencies in the past. Prevention is a underrated tool in solving the opioid problem we have in the US
    Like (7)
    Follow
    Share
    Why is this a bill? Of course, a patients medical record should contain this information, BUT government should not have anything to do with that medical record.
    Like (7)
    Follow
    Share
    @Susan, you couldn’t be more wrong. HIPPA is definitely a privacy law. As a nurse, I take course on this law yearly. The only people that can have any of your healthcare information is the healthcare providers taking care of you. And that doesn’t mean they can read the whole chart. For instances, a scrub tech in surgery wouldn’t need to know about a drug addiction. It has nothing to do with their job. When I worked at Cedars Sinai, no one talked about the celebrities that they took care of or looked up information in their chart. Who wants to lose their job or go to jail for that? I’ve never told anyone who I took care of hence the privacy law.
    Like (7)
    Follow
    Share
    It already is and is HIPPA protected. Medical personnel need to have a complete medical history to make the correct and safe medical decisions.
    Like (6)
    Follow
    Share
    MORE