‘Protecting Jessica Grubb’s Legacy Act'

2/9/2022, 2:12 AM

Protecting Jessica Grubb's Legacy Act

This bill more closely aligns the federal privacy standards applicable to substance-use disorder patient records with the relevant privacy and de-identification standards applicable to other records that contain personal health information for the purposes of (1) treatment, payment, and health care operations by health plans, providers, or clearinghouses; and (2) disclosures to public health authorities. The bill requires patients to give affirmative, written consent; once given, that consent applies to future disclosures. Such consent may be revoked by written request.

The bill also (1) aligns criminal penalties for certain violations involving substance-use disorder patient records with the penalties that apply to violations involving other types of records containing personal health information; (2) expands the current prohibition against using substance-use disorder patient records in criminal proceedings to include any use in specified federal, state, and local criminal and civil actions; and (3) prohibits certain discrimination based on the release of such patient information with respect to access to treatment, employment, housing, and certain social services and benefits.

Congress
116

Number
S - 3374

Introduced on
2020-03-03

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

3/3/2020

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

Protecting Jessica Grubb's Legacy Act

This bill more closely aligns the federal privacy standards applicable to substance-use disorder patient records with the relevant privacy and de-identification standards applicable to other records that contain personal health information for the purposes of (1) treatment, payment, and health care operations by health plans, providers, or clearinghouses; and (2) disclosures to public health authorities. The bill requires patients to give affirmative, written consent; once given, that consent applies to future disclosures. Such consent may be revoked by written request.

The bill also (1) aligns criminal penalties for certain violations involving substance-use disorder patient records with the penalties that apply to violations involving other types of records containing personal health information; (2) expands the current prohibition against using substance-use disorder patient records in criminal proceedings to include any use in specified federal, state, and local criminal and civil actions; and (3) prohibits certain discrimination based on the release of such patient information with respect to access to treatment, employment, housing, and certain social services and benefits.

Alternative Names
Official Title as IntroducedA bill to amend the Public Health Service Act to protect the confidentiality of substance use disorder patient records.

Policy Areas
Health

Potential Impact
Administrative law and regulatory procedures
Department of Health and Human Services
Disability and health-based discrimination
Drug, alcohol, tobacco use
Employment discrimination and employee rights
Evidence and witnesses
Health information and medical records
Housing discrimination
Judicial procedure and administration
Prescription drugs
Right of privacy

Comments

Recent Activity

Latest Summary5/28/2020

Protecting Jessica Grubb's Legacy Act

This bill more closely aligns the federal privacy standards applicable to substance-use disorder patient records with the relevant privacy and de-identification standards applicable to other rec...


Latest Action3/3/2020
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.