Legis Daily

Overdose Prevention and Patient Safety Act

USA115th CongressHR-6082| House 
| Updated: 6/21/2018
Markwayne Mullin

Markwayne Mullin

Republican Representative

Oklahoma

Cosponsors (2)
Greg Walden (Republican)Earl Blumenauer (Democratic)

Health, Education, Labor, and Pensions Committee, Energy and Commerce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Overdose Prevention and Patient Safety Act This bill amends the Public Health Service Act to align federal privacy standards for substance use disorder (SUD) patient records more closely with standards under the Health Insurance Portability and Accountability Act (HIPAA). Specifically, the bill authorizes the disclosure of SUD patient records without a patient's written consent to: (1) a covered entity for the purposes of treatment, payment, and health care operations, as long as the disclosure is made in accordance with HIPAA; and (2) a public health authority, as long as the content of the disclosure meets HIPAA standards regarding de-identified information. Current law authorizes disclosure of SUD patient records without a patient's written consent only to medical personnel in a medical emergency, to specified personnel for research or program evaluations, or pursuant to a court order. The bill also repeals and replaces criminal penalties for certain violations involving SUD patient records with the HIPAA civil penalty structure. It also applies HIPAA criminal penalties to wrongful disclosures of SUD patient records. In addition, the bill expands the current prohibition against using SUD patient records in criminal proceedings to include any use in specified federal, state, and local criminal and civil actions. The bill prohibits certain discrimination based on the release of SUD information under this bill.

Bill Text Versions

View Text
3 versions available

Suggested Questions

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Timeline
Jun 13, 2018
Introduced in House
Jun 13, 2018
Referred to the House Committee on Energy and Commerce.
Jun 20, 2018
Rules Committee Resolution H. Res. 949 Reported to House. Rule provides for consideration of H.R. 6, H.R. 5797 and H.R. 6082. Rule provides for consideration of H.R. 6 and H.R.5797 under structured rules; and provides for consideration of H.R. 6082 under a closed rule. Additionally, the rule directs the Clerk to, in the engrossment of H.R. 6, add the text of H.R. 2851, H.R. 5735, and H.R. 5797 as passed by the House as a new matter at the end of H.R. 6.
Jun 20, 2018
Rule H. Res. 949 passed House.
Jun 20, 2018
Considered under the provisions of rule H. Res. 949. (consideration: CR H5325-5335)
Jun 20, 2018
Rule provides for consideration of H.R. 6, H.R. 5797 and H.R. 6082. Rule provides for consideration of H.R. 6 and H.R.5797 under structured rules; and provides for consideration of H.R. 6082 under a closed rule. Additionally, the rule directs the Clerk to, in the engrossment of H.R. 6, add the text of H.R. 2851, H.R. 5735, and H.R. 5797 as passed by the House as a new matter at the end of H.R. 6.
Jun 20, 2018
DEBATE - The House proceeded with one hour of debate on H.R. 6082.
Jun 20, 2018
The previous question was ordered pursuant to the rule.
Jun 20, 2018
Mr. Pallone moved to recommit with instructions to the Committee on Energy and Commerce. (text: CR H5333-5334)
Jun 20, 2018
DEBATE - The House proceeded with 10 minutes of debate on the Pallone motion to recommit with instructions pending a reservation of a point of order. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to promote subsection (k) to become a section entitled Developement and Dissemination of Model Training Programs for Substance Use Disorder Patient Records. Subsequently, the reservation was removed.
Jun 20, 2018
The previous question on the motion to recommit with instructions was ordered without objection.
Jun 20, 2018
POSTPONED PROCEEDINGS - At the conclusion of debate on Pallone motion to recommit with instructions, the Chair put the question on the motion, and by voice vote, announced that the noes had prevailed. Mr. Pallone demanded the yeas and nays and the Chair postponed further proceedings on the motion to recommit with instructions until a time to be announced.
Jun 20, 2018
Considered as unfinished business. (consideration: CR H5346-5347)
Jun 20, 2018
On motion to recommit with instructions Failed by the Yeas and Nays: 175 - 240 (Roll no. 277).
View Vote
Jun 20, 2018
On passage Passed by the Yeas and Nays: 357 - 57 (Roll no. 278). (text: CR H5325-5326)
View Vote
Jun 20, 2018
Motion to reconsider laid on the table Agreed to without objection.
Jun 21, 2018
Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • June 13, 2018
    Introduced in House


  • June 13, 2018
    Referred to the House Committee on Energy and Commerce.


  • June 20, 2018
    Rules Committee Resolution H. Res. 949 Reported to House. Rule provides for consideration of H.R. 6, H.R. 5797 and H.R. 6082. Rule provides for consideration of H.R. 6 and H.R.5797 under structured rules; and provides for consideration of H.R. 6082 under a closed rule. Additionally, the rule directs the Clerk to, in the engrossment of H.R. 6, add the text of H.R. 2851, H.R. 5735, and H.R. 5797 as passed by the House as a new matter at the end of H.R. 6.


  • June 20, 2018
    Rule H. Res. 949 passed House.


  • June 20, 2018
    Considered under the provisions of rule H. Res. 949. (consideration: CR H5325-5335)


  • June 20, 2018
    Rule provides for consideration of H.R. 6, H.R. 5797 and H.R. 6082. Rule provides for consideration of H.R. 6 and H.R.5797 under structured rules; and provides for consideration of H.R. 6082 under a closed rule. Additionally, the rule directs the Clerk to, in the engrossment of H.R. 6, add the text of H.R. 2851, H.R. 5735, and H.R. 5797 as passed by the House as a new matter at the end of H.R. 6.


  • June 20, 2018
    DEBATE - The House proceeded with one hour of debate on H.R. 6082.


  • June 20, 2018
    The previous question was ordered pursuant to the rule.


  • June 20, 2018
    Mr. Pallone moved to recommit with instructions to the Committee on Energy and Commerce. (text: CR H5333-5334)


  • June 20, 2018
    DEBATE - The House proceeded with 10 minutes of debate on the Pallone motion to recommit with instructions pending a reservation of a point of order. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to promote subsection (k) to become a section entitled Developement and Dissemination of Model Training Programs for Substance Use Disorder Patient Records. Subsequently, the reservation was removed.


  • June 20, 2018
    The previous question on the motion to recommit with instructions was ordered without objection.


  • June 20, 2018
    POSTPONED PROCEEDINGS - At the conclusion of debate on Pallone motion to recommit with instructions, the Chair put the question on the motion, and by voice vote, announced that the noes had prevailed. Mr. Pallone demanded the yeas and nays and the Chair postponed further proceedings on the motion to recommit with instructions until a time to be announced.


  • June 20, 2018
    Considered as unfinished business. (consideration: CR H5346-5347)


  • June 20, 2018
    On motion to recommit with instructions Failed by the Yeas and Nays: 175 - 240 (Roll no. 277).
    View Vote


  • June 20, 2018
    On passage Passed by the Yeas and Nays: 357 - 57 (Roll no. 278). (text: CR H5325-5326)
    View Vote


  • June 20, 2018
    Motion to reconsider laid on the table Agreed to without objection.


  • June 21, 2018
    Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health

Related Bills

  • HR 115-5795: Overdose Prevention and Patient Safety Act
  • HR 115-5807: To amend the Controlled Substances Act to allow for more flexibility with respect to medication-assisted treatment for opioid use disorders and to amend the Public Health Service Act to protect the confidentiality of substance use disorder patient records.
  • HRES 115-949: Providing for consideration of the bill (H.R. 6) to provide for opioid use disorder prevention, recovery, and treatment, and for other purposes; providing for consideration of the bill (H.R. 5797) to amend title XIX of the Social Security Act to allow States to provide under Medicaid services for certain individuals with opioid use disorders in institutions for mental diseases; and providing for consideration of the bill (H.R. 6082) to amend the Public Health Service Act to protect the confidentiality of substance use disorder patient records.
Administrative law and regulatory proceduresCriminal investigation, prosecution, interrogationDepartment of Health and Human ServicesDisability and health-based discriminationDrug, alcohol, tobacco useEmployment discrimination and employee rightsEvidence and witnessesHealth information and medical recordsHealth personnelHealth programs administration and fundingHousing discriminationMedical educationPrescription drugsRight of privacy

Overdose Prevention and Patient Safety Act

USA115th CongressHR-6082| House 
| Updated: 6/21/2018
Overdose Prevention and Patient Safety Act This bill amends the Public Health Service Act to align federal privacy standards for substance use disorder (SUD) patient records more closely with standards under the Health Insurance Portability and Accountability Act (HIPAA). Specifically, the bill authorizes the disclosure of SUD patient records without a patient's written consent to: (1) a covered entity for the purposes of treatment, payment, and health care operations, as long as the disclosure is made in accordance with HIPAA; and (2) a public health authority, as long as the content of the disclosure meets HIPAA standards regarding de-identified information. Current law authorizes disclosure of SUD patient records without a patient's written consent only to medical personnel in a medical emergency, to specified personnel for research or program evaluations, or pursuant to a court order. The bill also repeals and replaces criminal penalties for certain violations involving SUD patient records with the HIPAA civil penalty structure. It also applies HIPAA criminal penalties to wrongful disclosures of SUD patient records. In addition, the bill expands the current prohibition against using SUD patient records in criminal proceedings to include any use in specified federal, state, and local criminal and civil actions. The bill prohibits certain discrimination based on the release of SUD information under this bill.

Bill Text Versions

View Text
3 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jun 13, 2018
Introduced in House
Jun 13, 2018
Referred to the House Committee on Energy and Commerce.
Jun 20, 2018
Rules Committee Resolution H. Res. 949 Reported to House. Rule provides for consideration of H.R. 6, H.R. 5797 and H.R. 6082. Rule provides for consideration of H.R. 6 and H.R.5797 under structured rules; and provides for consideration of H.R. 6082 under a closed rule. Additionally, the rule directs the Clerk to, in the engrossment of H.R. 6, add the text of H.R. 2851, H.R. 5735, and H.R. 5797 as passed by the House as a new matter at the end of H.R. 6.
Jun 20, 2018
Rule H. Res. 949 passed House.
Jun 20, 2018
Considered under the provisions of rule H. Res. 949. (consideration: CR H5325-5335)
Jun 20, 2018
Rule provides for consideration of H.R. 6, H.R. 5797 and H.R. 6082. Rule provides for consideration of H.R. 6 and H.R.5797 under structured rules; and provides for consideration of H.R. 6082 under a closed rule. Additionally, the rule directs the Clerk to, in the engrossment of H.R. 6, add the text of H.R. 2851, H.R. 5735, and H.R. 5797 as passed by the House as a new matter at the end of H.R. 6.
Jun 20, 2018
DEBATE - The House proceeded with one hour of debate on H.R. 6082.
Jun 20, 2018
The previous question was ordered pursuant to the rule.
Jun 20, 2018
Mr. Pallone moved to recommit with instructions to the Committee on Energy and Commerce. (text: CR H5333-5334)
Jun 20, 2018
DEBATE - The House proceeded with 10 minutes of debate on the Pallone motion to recommit with instructions pending a reservation of a point of order. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to promote subsection (k) to become a section entitled Developement and Dissemination of Model Training Programs for Substance Use Disorder Patient Records. Subsequently, the reservation was removed.
Jun 20, 2018
The previous question on the motion to recommit with instructions was ordered without objection.
Jun 20, 2018
POSTPONED PROCEEDINGS - At the conclusion of debate on Pallone motion to recommit with instructions, the Chair put the question on the motion, and by voice vote, announced that the noes had prevailed. Mr. Pallone demanded the yeas and nays and the Chair postponed further proceedings on the motion to recommit with instructions until a time to be announced.
Jun 20, 2018
Considered as unfinished business. (consideration: CR H5346-5347)
Jun 20, 2018
On motion to recommit with instructions Failed by the Yeas and Nays: 175 - 240 (Roll no. 277).
View Vote
Jun 20, 2018
On passage Passed by the Yeas and Nays: 357 - 57 (Roll no. 278). (text: CR H5325-5326)
View Vote
Jun 20, 2018
Motion to reconsider laid on the table Agreed to without objection.
Jun 21, 2018
Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • June 13, 2018
    Introduced in House


  • June 13, 2018
    Referred to the House Committee on Energy and Commerce.


  • June 20, 2018
    Rules Committee Resolution H. Res. 949 Reported to House. Rule provides for consideration of H.R. 6, H.R. 5797 and H.R. 6082. Rule provides for consideration of H.R. 6 and H.R.5797 under structured rules; and provides for consideration of H.R. 6082 under a closed rule. Additionally, the rule directs the Clerk to, in the engrossment of H.R. 6, add the text of H.R. 2851, H.R. 5735, and H.R. 5797 as passed by the House as a new matter at the end of H.R. 6.


  • June 20, 2018
    Rule H. Res. 949 passed House.


  • June 20, 2018
    Considered under the provisions of rule H. Res. 949. (consideration: CR H5325-5335)


  • June 20, 2018
    Rule provides for consideration of H.R. 6, H.R. 5797 and H.R. 6082. Rule provides for consideration of H.R. 6 and H.R.5797 under structured rules; and provides for consideration of H.R. 6082 under a closed rule. Additionally, the rule directs the Clerk to, in the engrossment of H.R. 6, add the text of H.R. 2851, H.R. 5735, and H.R. 5797 as passed by the House as a new matter at the end of H.R. 6.


  • June 20, 2018
    DEBATE - The House proceeded with one hour of debate on H.R. 6082.


  • June 20, 2018
    The previous question was ordered pursuant to the rule.


  • June 20, 2018
    Mr. Pallone moved to recommit with instructions to the Committee on Energy and Commerce. (text: CR H5333-5334)


  • June 20, 2018
    DEBATE - The House proceeded with 10 minutes of debate on the Pallone motion to recommit with instructions pending a reservation of a point of order. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to promote subsection (k) to become a section entitled Developement and Dissemination of Model Training Programs for Substance Use Disorder Patient Records. Subsequently, the reservation was removed.


  • June 20, 2018
    The previous question on the motion to recommit with instructions was ordered without objection.


  • June 20, 2018
    POSTPONED PROCEEDINGS - At the conclusion of debate on Pallone motion to recommit with instructions, the Chair put the question on the motion, and by voice vote, announced that the noes had prevailed. Mr. Pallone demanded the yeas and nays and the Chair postponed further proceedings on the motion to recommit with instructions until a time to be announced.


  • June 20, 2018
    Considered as unfinished business. (consideration: CR H5346-5347)


  • June 20, 2018
    On motion to recommit with instructions Failed by the Yeas and Nays: 175 - 240 (Roll no. 277).
    View Vote


  • June 20, 2018
    On passage Passed by the Yeas and Nays: 357 - 57 (Roll no. 278). (text: CR H5325-5326)
    View Vote


  • June 20, 2018
    Motion to reconsider laid on the table Agreed to without objection.


  • June 21, 2018
    Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Markwayne Mullin

Markwayne Mullin

Republican Representative

Oklahoma

Cosponsors (2)
Greg Walden (Republican)Earl Blumenauer (Democratic)

Health, Education, Labor, and Pensions Committee, Energy and Commerce Committee

Health

Related Bills

  • HR 115-5795: Overdose Prevention and Patient Safety Act
  • HR 115-5807: To amend the Controlled Substances Act to allow for more flexibility with respect to medication-assisted treatment for opioid use disorders and to amend the Public Health Service Act to protect the confidentiality of substance use disorder patient records.
  • HRES 115-949: Providing for consideration of the bill (H.R. 6) to provide for opioid use disorder prevention, recovery, and treatment, and for other purposes; providing for consideration of the bill (H.R. 5797) to amend title XIX of the Social Security Act to allow States to provide under Medicaid services for certain individuals with opioid use disorders in institutions for mental diseases; and providing for consideration of the bill (H.R. 6082) to amend the Public Health Service Act to protect the confidentiality of substance use disorder patient records.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresCriminal investigation, prosecution, interrogationDepartment of Health and Human ServicesDisability and health-based discriminationDrug, alcohol, tobacco useEmployment discrimination and employee rightsEvidence and witnessesHealth information and medical recordsHealth personnelHealth programs administration and fundingHousing discriminationMedical educationPrescription drugsRight of privacy