Regular Session 2021-2022 House Bill 1563 P.N. 2318

PRIOR PRINTER'S NO. 1695

PRINTER'S NO. 2318

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,

OWLETT, SANCHEZ, SCHLEGEL CULVER, A. DAVIS, PASHINSKI,

O'MARA, WARNER, MADDEN, NEILSON, CIRESI, JOZWIAK, POLINCHOCK,

C. WILLIAMS AND WHITE, JUNE 7, 2021

AS REPORTED FROM COMMITTEE ON HUMAN SERVICES, HOUSE OF

REPRESENTATIVES, AS AMENDED, OCTOBER 26, 2021

AN ACT

Amending the act of April 14, 1972 (P.L.221, No.63), entitled

"An act establishing the Pennsylvania Advisory Council on

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

hereby enacts as follows:

Section 1. Section 2(b) of the act of April 14, 1972

(P.L.221, No.63), known as the Pennsylvania Drug and Alcohol

Abuse Control Act, is amended by adding definitions to read:

Section 2. Definitions:

* * *

(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.

* * *

"FEDERALLY ASSISTED" MEANS RECEIVING FEDERAL ASSISTANCE AS

PROVIDED IN 42 CFR 2.12(B) (RELATING TO APPLICABILITY).

* * *

"Health care operations" means "health care operations" as

defined in 45 CFR 164.501 (relating to definitions).

* * *

"Payment" means "payment" as defined in 45 CFR 164.501.

* * *

"PROGRAM" MEANS "PROGRAM" AS DEFINED IN 42 CFR 2.11 (RELATING

TO DEFINITIONS).

* * *

"Treatment" means "treatment" as defined in 45 CFR 164.501.

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

* * *

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

amended AND THE SECTION IS AMENDED BY ADDING A SUBSECTION to

read:

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

(b) (1) [All patient] (1) PATIENT records (including all

records relating to any commitment proceeding), EXCEPT PATIENT

RECORDS SUBJECT TO SUBSECTION (D), prepared or obtained pursuant

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

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remain confidential, and may be disclosed only with the

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

patient's consent, except:

(i) to medical personnel exclusively for purposes of

diagnosis and treatment of the patient [or];

(ii) to government or other officials exclusively for the

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

drug or alcohol abuse or drug or alcohol dependence except that

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 , S ubpt. E (relating to privacy

of individually identifiable health information) ; and

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

the purpose of treatment, payment or health care operations .

(2) Disclosure may be made for purposes unrelated to such

treatment or benefits only upon an order of a court of common

pleas after application showing good cause therefor. In

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

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circumstances.

12(b), patient records and all information contained therein

relating to drug or alcohol abuse or drug or alcohol dependence

prepared or obtained by a private practitioner, hospital,

clinic, drug rehabilitation or drug treatment center shall

remain confidential and may [be disclosed only] not be disclosed

WITHOUT A PATIENT'S CONSENT except :

(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

accordance with paragraph (1) shall only be disclosed:

(i) to medical personnel exclusively for purposes of

diagnosis and treatment of the patient;

(ii) to the parent or legal guardian of a minor or any other

designee for which the patient has provided consent; [or]

(iii) to government or other officials exclusively for the

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. E.

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* * *

(D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, PATIENT

RECORDS OF A FEDERALLY ASSISTED PROGRAM SUBJECT TO 42 CFR PT. 2

(RELATING TO CONFIDENTIALITY OF SUBSTANCE USE DISORDER PATIENT

RECORDS) AND ALL INFORMATION CONTAINED IN SUCH PATIENT RECORDS

SHALL REMAIN CONFIDENTIAL AND MAY BE DISCLOSED ONLY AS PERMITTED

BY 42 CFR PT. 2 AND OTHER APPLICABLE FEDERAL LAW.

* * *

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. THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS SHALL NOT

HAVE THE AUTHORITY TO PROMULGATE OR ENFORCE A REGULATION THAT

RESTRICTS ANY DISCLOSURE OF RECORDS OR INFORMATION THAT IS

PERMITTED BY THIS ACT.

Section 4. This act shall take effect immediately.

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