[dualdx] Comments Due on HIPAA, Mental Health, and the National Background Check Database

[TIE Forum Moderator]

Comments Due on HIPAA, Mental Health, and the National
Background Check Database

Last chance to submit your feedback: Friday, June 7, 2013!

On January 16, 2013, President Obama announced a series of
Executive Actions to reduce gun violence in the United
States. These actions include efforts to improve the
Federal Government's background check system, called the
National
Instant Criminal Background Check System (NICS), for the
sale or transfer of firearms by licensed dealers. Among
those persons who are disqualified from possessing or
receiving firearms under Federal law are those
"adjudicated to be mentally defective, or who have been
committed to a mental institution" (mental health
prohibitor). Concerns have been raised that the Health
Insurance Portability and Accountability Act of 1996
(HIPAA) Privacy Rule may be a barrier to states' reporting
to NICS the identities of individuals subject to the
mental health prohibitor.

The U.S. Department of Health and Human Services is
seeking public comments on how HIPAA may prevent state
reporting to NICS, and how these barriers can be addressed
without discouraging individuals from seeking mental
health services. Additional comments are encouraged on
proposals to establish "express permission" for reporting
relevant information and on best methods of disseminating
HIPAA-related information to state reporting entities.
Public input is also being sought on unintended
consequences that such actions may have on individuals
seeking mental health services. An important consideration
when responding is the effect of the proposed HIPAA change
on "temporary hold" cases.

Review the Rule and Submit Your Comments:
http://www.regulations.gov/#!documentDetail;D=HHS_FRDOC_0001-0494

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