Rep. Matsui Introduces Legislation to Increase Clarity on HIPAA Privacy Rules
FOR IMMEDIATE RELEASE
Tuesday, June 9, 2015
CONTACT: JULIE EDDY
(202) 225-7163
Rep. Matsui Introduces Legislation to Increase Clarity on HIPAA Privacy Rules
Bill would decrease mental health stigma and encourage providers to involve family members and caregivers in patients' mental health treatment and recovery
Today, Representative Doris Matsui (D-CA), a member of the House Energy and Commerce Health Subcommittee, introduced legislation to elevate and formalize agency guidance on HIPAA privacy rules, especially as they apply to patients with mental illness. The Including Families in Mental Health Recovery Act also creates model training programs for educating health care providers and administrators, patients, and families on the health information that can be shared with family members and caregivers, and in which scenarios.
"Healthcare providers and administrators have long lacked clarity on HIPAA rules and thus have been cautious to share information with family members and caregivers of patients," said Congresswoman Matsui. "This lack of clarity creates significant challenges to patients, their doctors and family. Sharing the right information with the right family and caregivers can help a patient, while still protecting their privacy. Assisting family and caregivers with being involved in a patient's care can be of the utmost importance, and can even mean life or death."
The Department of Health and Human Services Office of Civil Rights (HHS OCR) issued guidance on this topic in February of 2014.
"The HHS OCR guidance walks that fine line between protecting patients' privacy and encouraging involvement of family and caregivers in patients' care," added Congresswoman Matsui. "Better understanding and awareness of the guidance will give providers the confidence to practice discretion in delicate situations, to best determine whether it is in an individual's best interest to share information with family members and caregivers on a case-by-case basis."
This legislation is supported by National Council for Behavioral Health, National Disability Rights Network, Treatment Advocacy Center, Bazelon Center for Mental Health Law, American Psychological Association, American Psychiatric Association, Mental Health Association of California, and California Council of Community Mental Health Agencies.
"For far too long, too many have misunderstood or hidden behind HIPAA," said Linda Rosenberg, President and CEO of the National Council for Behavioral Health. "The National Council applauds Congresswoman Matsui's efforts to help educate and inform us about how we can appropriately and permissibly share patient health information so as to ensure patients' health and safety while protecting their privacy."
"HIPAA privacy rules were never intended to prevent people from receiving necessary medical care," said John Snook, Executive Director of the Treatment Advocacy Center. "But we hear from families every day who are kept in the dark about their loved one's treatment because of confusion and uncertainty around the requirements of HIPAA. We applaud Congresswoman Matsui for seeking a solution that will safeguard necessary confidentiality while ensuring families can share and receive critical information during a psychiatric crisis."
Executive Director of the Mental Health Association of California and Executive Director of the California Council of Community Mental Health Agencies,Rusty Selix, said, "Government officials, healthcare providers and administrators have long lacked clarity and thus have been cautious to allow sharing of information that they fear might violate the HIPAA privacy law in regards to sharing health information with family members and caregivers of patients. This legislation will provide the education to eliminate the lack of clarity and give providers and administrators the confidence to share information with family members whose support is needed in crisis situations."
Congresswoman Matsui has a history of substantial bipartisan action on mental health, and she works to bolster the full spectrum of behavioral health care from prevention to crisis management. Last year, a demonstration project based on the Excellence in Mental Health Act that she co-led with Representative Leonard Lance (R-NJ) was signed into law. It will provide an unprecedented $1 billion in new funds for community behavioral health clinics. This year, Congresswoman Matsui introduced the bipartisan Mental Health First Aid Act with Representative Lynn Jenkins (R-KS), which would expand Mental Health First Aid training to help emergency personnel, police officers, educators and the public identify, understand and respond to mental health issues and disorders.
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