PRIOR PRINTER'S NO. 1693
PRINTER'S NO. 2317
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1561
Session of
2021
INTRODUCED BY FARRY, SCHLOSSBERG, CUTLER, 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 July 9, 1976 (P.L.817, No.143), entitled "An
act relating to mental health procedures; providing for the
treatment and rights of mentally disabled persons, for
voluntary and involuntary examination and treatment and for
determinations affecting those charged with crime or under
sentence," in general provisions, further providing for
definitions and for confidentiality of records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103.1 of the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures Act, is
amended by adding definitions to read:
Section 103.1. Definitions.--The following words and phrases
when used in this act shall have the meanings given to them in
this section unless the context clearly indicates otherwise:
* * *
"Business associate." As defined in 45 CFR 160.103 (relating
to definitions).
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"Covered entity." As defined in 45 CFR 160.103.
* * *
"Disclosure." As defined in 45 CFR 160.103 and includes
redisclosures and rereleases of information.
* * *
"Health care operations." As defined in 45 CFR 164.501
(relating to definitions).
* * *
"Payment." As defined in 45 CFR 164.501.
* * *
"Treatment." As defined in 45 CFR 164.501.
"Use." As defined in 45 CFR 160.103.
Section 2. Section 111(a) of the act is amended to read:
Section 111. Confidentiality of Records.--(a) All documents
concerning persons in treatment shall be kept confidential and,
without the person's written consent, may not be released or
their contents disclosed to anyone except:
(1) those engaged in providing treatment for the person;
(2) the county administrator, pursuant to section 110;
(3) a court in the course of legal proceedings authorized by
this act; [and]
(4) pursuant to Federal rules, statutes and regulations
governing disclosure of patient information where treatment is
undertaken in a Federal agency[.]; and
(5) a covered entity or a covered entity's business
associate that:
(i) makes the use, disclosure or request for disclosure in
accordance with 45 CFR Pt. 164, Subpt. E (relating to privacy
of individually identifiable health information); and
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(ii) makes the use, disclosure or request for disclosure for
the purpose of treatment, payment or health care operations.
(5) A COVERED ENTITY OR A COVERED ENTITY'S BUSINESS
ASSOCIATE THAT MAKES THE USE, DISCLOSURE OR REQUEST FOR
DISCLOSURE IN ACCORDANCE WITH 45 CFR PT. 164 SUBPT. E (RELATING
TO PRIVACY OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION).
In no event, however, shall privileged communications, whether
written or oral, be disclosed to anyone without such written
consent. This shall not restrict the collection and analysis of
clinical or statistical data by the department, the county
administrator or the facility so long as the use and
dissemination of such data does not identify individual
patients. Nothing herein shall be construed to conflict with
section 8 of the act of April 14, 1972 (P.L.221, No.63), known
as the "Pennsylvania Drug and Alcohol Abuse Control Act."
* * *
Section 3. For the purpose of implementing the amendment of
section 111(a) of the act regarding access to confidential
documents of persons in treatment for a covered entity or a
covered entity's business associate, the Secretary of Human
Services shall promulgate regulations in accordance with 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.
Section 4. This act shall take effect immediately.
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