PRINTER'S NO. 1695

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1563

Session of

2021

INTRODUCED BY CUTLER, SCHLOSSBERG, FARRY, PICKETT, SAPPEY,

N. NELSON, McNEILL, HANBIDGE, THOMAS, RYAN, WHEELAND, BURGOS,

HOHENSTEIN, T. DAVIS, DELLOSO, R. BROWN, MILLARD, ROZZI,

Drug and Alcohol Abuse; imposing duties on the Department of

Health to develop and coordinate the implementation of a

comprehensive health, education and rehabilitation program

for the prevention and treatment of drug and alcohol abuse

and drug and alcohol dependence; providing for emergency

medical treatment; providing for treatment and rehabilitation

alternatives to the criminal process for drug and alcohol

dependence; and making repeals," further providing for

definitions and for confidentiality of records.

The General Assembly of the Commonwealth of Pennsylvania

(b) As used in this act:

"Business associate" means "business associate" as defined in

45 CFR 160.103 (relating to definitions).

* * *

"Covered entity" means "covered entity" as defined in 45 CFR

160.103.

* * *

"Disclosure" means "disclosure" as defined in 45 CFR 160.103

and includes redisclosures and rereleases of information.

* * *

"Use" means "use" as defined in 45 CFR 160.103.

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Section 2. Section 8(b) and (c)(1) and (2) of the act are

amended to read:

Section 8. Confidentiality of Records.--* * *

(b) (1) All patient records (including all records relating

to any commitment proceeding) prepared or obtained pursuant to

this act, and all information contained therein, [shall remain

confidential, and may be disclosed only with the patient's

consent and only] may not be disclosed without the patient's

in emergency medical situations where the patient's life is in

immediate jeopardy, patient records may be released without the

patient's consent to proper medical authorities solely for the

purpose of providing medical treatment to the patient[.]; or

(iii) to a covered entity or a covered entity's business

associate that:

(A) makes the use, disclosure or request for disclosure in

accordance with 45 CFR Pt. 164, Subpt. E (relating to privacy

determining whether there is good cause for disclosure, the

court shall weigh the need for the information sought to be

disclosed against the possible harm of disclosure to the person

to whom such information pertains, the physician-patient

relationship, and to the treatment services, and may condition

disclosure of the information upon any appropriate safeguards.

No such records or information may be used to initiate or

substantiate criminal charges against a patient under any

circumstances.

(c) (1) Except as provided under section 12(b), patient

(i) when the patient is of the age of majority [and consents

to the disclosure]; or

(ii) if the patient is a minor, the patient consents to

treatment under section 12(a) [and consents to the disclosure].

A minor patient who does not consent to medical treatment or

counseling under section 12(a) may consent to the disclosure of

records and information.

(2) Records and information subject to disclosure in

purpose of obtaining benefits due the patient as a result of his

drug or alcohol abuse or drug or alcohol dependence[.]; or

(iv) to a covered entity or a covered entity's business

associate that:

(A) makes the use, disclosure or request for disclosure in

accordance with 45 CFR Pt. 164, Subpt. E; and

(B) makes the use, disclosure or request for disclosure for

the purpose of treatment, payment or health care operations.

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Section 3. For the purpose of implementing the amendment of

section 8(b) and (c)(1) and (2) of the act regarding access to

confidential patient records for a covered entity or a covered

entity's business associate, the Secretary of Health shall

promulgate regulations in accordance the act of July 31, 1968

(P.L.769, No.240), referred to as the Commonwealth Documents

Law, no later than 180 days after the effective date of this

section.