U.S. Sens. Shelley Moore Capito (R-WV) and Thom Tillis (R-NC) on March 3 cosponsored bipartisan legislation to protect the confidentiality of substance use disorder patient records.
Sens. Capito and Tillis reintroduced an updated Protecting Jessica Grubb’s Legacy Act, S. 3374, with bill sponsor U.S. Sen. Joe Manchin (D-WV), which would change existing privacy regulations known as 42 CFR Part 2, which relate to medical records for those suffering from substance use disorder.
“Although opioids are meant for healing and often necessary for patients, no one recovering from opioid addiction should receive the very substance they are breaking dependency from,” Sen. Tillis said. “This can be avoided by changing regulations that make sure medical records for those in recovery are up to date and this life-saving bipartisan legislation will provide protection for patients who are at the discretion of their medical provider, ultimately avoiding countless, needless deaths.”
If enacted, S. 3374 would help ensure that medical providers do not accidentally give opioids to individuals in recovery, as was the case for whom the bill is named, Jessica Grubb.
“The story of Jessie Grubb shows us how tragic this addiction epidemic truly is, and the effects that it has on families across West Virginia,” Sen. Capito said. “Enacting the Legacy Act in Jessie’s memory would ensure that all members of a patient’s treatment team have access to a person’s history of addiction, which would ultimately help us improve care coordination.”
The bill includes several changes when compared with the original version of the same-named S. 1012, which was introduced in April 2019.
For instance, the modified language for initial consent would require affirmative, written consent from each patient to opt-in before their information may be shared, according to a bill summary provided by the lawmakers.
Another change would direct the U.S. Secretary of Health and Human and Services to consult with appropriate legal, clinical, privacy, and civil rights experts when updating the Code of Federal Regulations to implement the provisions contained in the bill, according to the summary.
“Additionally, we would be taking a step in the right direction to remove the stigma behind opioid addiction, and help those who are struggling with substance abuse to receive the vital care that they need,” said Sen. Capito.
Among the members who joined Sens. Capito and Tillis as cosponsors of S. 3374 are U.S. Sens. Susan Collins (R-ME) and Bill Cassidy (R-LA).