S-3374 : Still Just a Bill

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.