HIPAA requirements in serious mental illness are also clarified.
“Existing HIPAA laws are badly misunderstood,” said Sen. Chris Murphy (D-Conn.) at the briefing. “Many physicians think there is an outright ban on sharing [patient health] information.”
The legislation calls for the U.S. Department of Health and Human Services secretary to clarify when providers can disclose protected health information related to the treatment of an adult with a mental illness or substance use disorder.
“I would argue that [HIPAA] may be an area we will have to work on down the line, if the education campaign doesn’t work, but we will give this a try,” said Sen. Murphy, who has cosponsored legislation to do so.
As passed, the mental health provisions of the 21st Century Cures Act are an amalgamation of several bills introduced during the 114th Congress and are unique in that they largely were written by health care professionals with direct, relevant experience. Rep. Murphy is a clinical psychologist, while Rep. Cassidy is a physician with experience treating uninsured and incarcerated patients. Rep. Eddie Bernice Johnson (D-Tex.), who cosponsored Rep. Murphy’s bill, previously served as chief psychiatric nurse at the Dallas Veterans Affairs Medical Center.