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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
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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.
(c) (1) Except as provided under SUBSECTION (D) AND section
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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