1998—Subsec. (e)(1), (2). Pub. L. 105–392 substituted “Uniformed Services” for “Armed Forces”.
1992—Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” in subsec. (h).
Pub. L. 102–321 amended section generally, substituting provisions relating to confidentiality of records for provisions relating to admission of alcohol abusers and alcoholics to general hospitals and outpatient facilities.
1983—Pub. L. 98–24, § 2(b)(13), renumbered section 4581 of this title as this section.
Subsec. (a). Pub. L. 98–24, § 2(b)(13)(C), made a technical amendment to reference to section 300s–3 of this title.
1976—Subsec. (a). Pub. L. 94–371, § 11(a), inserted “, or outpatient facility (as defined in section 300s–3(6) of this title)” after “hospital”.
Subsec. (b)(1). Pub. L. 94–371, § 11(b), inserted “and outpatient facilities” after “hospitals”, and “or outpatient facility” after “hospital” wherever appearing, and substituted “shall issue regulations not later than December 31, 1976” for “is authorized to make regulations”.
Subsec. (b)(2). Pub. L. 94–581 provided that subsec. (b)(2), which directed the Administrator of Veteran’s Affairs, through the Chief Medical Director, to prescribe regulations making applicable the regulations prescribed by the Secretary under subsec. (b)(1) to the provision of hospital care, nursing home care, domiciliary care, and medical services under title 38 to veterans suffering from alcohol abuse or alcoholism and to consult with the Secretary in order to achieve the maximum possible coordination of the regulations, and the implementation thereof, which they each prescribed, was superseded by section 4131 [now 7331] et seq. of Title 38, Veterans’ Benefits.
1974—Subsec. (a). Pub. L. 93–282, in revising text, prohibited discrimination because of alcohol abuse, substituted provisions respecting eligibility for admission and treatment based on suffering from medical conditions for former provision based on medical need and ineligibility, because of discrimination, for support in any form from any program supported in whole or in part by funds appropriated to any Federal department or agency for former requirement for treatment by a general hospital which received Federal funds, and deleted prohibition against receiving Federal financial assistance for violation of section and for termination of Federal assistance on failure to comply, now incorporated in regulation authorization of subsec. (b) of this section.
Subsec. (b). Pub. L. 93–282 substituted provisions respecting issuance of regulations by the Secretary concerning enforcement procedures and suspension or revocation of Federal support and by the Administrator concerning applicable regulations for veterans, and for coordination of the respective regulations for former provisions respecting judicial review.
Pub. L. 115–271, title VII, §§ 7051–7053, Oct. 24, 2018, 132 Stat. 4017, 4018, provided that:
“SEC. 7051. INCLUSION OF OPIOID ADDICTION HISTORY IN PATIENT RECORDS.
“(a) Best Practices.—
“(1)In general.—Not later than 1 year after the date of enactment of this Act [Oct. 24, 2018], the Secretary of Health and Human Services (in this section referred to as the ‘Secretary’), in consultation with appropriate stakeholders, including a patient with a history of opioid use disorder, an expert in electronic health records, an expert in the confidentiality of patient health information and records, and a health care provider, shall identify or facilitate the development of best practices regarding—
the circumstances under which information that a patient has provided to a health care provider
regarding such patient’s history of opioid use disorder should, only at the patient’s request, be prominently displayed in the medical records (including electronic health records) of such patient;
what constitutes the patient’s request for the purpose described in subparagraph (A); and
the process and methods by which the information should be so displayed.
“(b)Requirements.—In identifying or facilitating the development of best practices under subsection (a), as applicable, the Secretary, in consultation with appropriate stakeholders, shall consider the following:
The potential for addiction relapse or overdose, including overdose death, when opioid medications
are prescribed to a patient recovering from opioid use disorder.
of displaying information about a patient’s opioid use disorder history in a manner similar to other potentially lethal medical concerns, including drug
allergies and contraindications.
The importance of prominently displaying information about a patient’s opioid use disorder when a physician
or medical professional is prescribing medication
, including methods for avoiding alert fatigue in providers.
The importance of a variety of appropriate medical professionals, including physicians
, nurses, and pharmacists
, having access to information described in this section when prescribing or dispensing opioid medication,
consistent with Federal and State
laws and regulations
The importance of protecting patient privacy, including the requirements related
to consent for disclosure of substance use disorder information under all applicable laws and regulations
“SEC. 7052. COMMUNICATION WITH FAMILIES DURING EMERGENCIES.
“(b)Use of Material.—
For the purposes of carrying out subsection (a), the Secretary
of Health and Human Services
may use material
produced under section 7053 of this Act or section 11004 of the 21st Century Cures Act (42 U.S.C. 1320d–2
“SEC. 7053. DEVELOPMENT AND DISSEMINATION OF MODEL TRAINING PROGRAMS FOR SUBSTANCE USE DISORDER PATIENT RECORDS.
“(a)Initial and Materials.—Not later than 1 year after the date of the enactment of this Act [Oct. 24, 2018], the Secretary of Health and Human Services (in this section referred to as the ‘Secretary’), in consultation with appropriate experts, shall identify the following model programs and materials (or if no such programs or materials exist, recognize private or public entities to develop and disseminate such programs and materials):
for training health care providers
emergency medical personnel, psychiatrists, psychologists,
counselors, therapists, nurse practitioners, physician
assistants, behavioral health facilities and clinics, care managers, and hospitals,
including individuals such as general counsels or regulatory compliance staff who are responsible for establishing provider privacy policies) concerning the permitted uses and disclosures, consistent with the standards and regulations
governing the privacy and security of substance use disorder patient records promulgated by the Secretary
under section 543 of the Public Health Service
Act (42 U.S.C. 290dd–2
) for the confidentiality of patient records.
for training patients and their families regarding their rights to protect and obtain information under the standards and regulations
described in paragraph (1).
“(b)Requirements.—The model programs and materials described in paragraphs (1) and (2) of subsection (a) shall address circumstances under which disclosure of substance use disorder patient records is needed to—
facilitate communication between substance use disorder treatment
providers and other health care providers
to promote and provide the best possible integrated care;
avoid inappropriate prescribing that can lead to dangerous drug
interactions, overdose, or relapse; and
notify and involve families and caregivers
when individuals experience an overdose.
“(c)Periodic Updates.—The Secretary shall—
periodically review and update the model program
identified or developed under subsection (a); and
disseminate such updated programs
to the individuals described in subsection (a)(1).
“(d)Input of Certain Entities.—
In identifying, reviewing, or updating the model programs
under this section, the Secretary
shall solicit the input of relevant stakeholders.
“(e)Authorization of Appropriations.—There is authorized to be appropriated to carry out this section—
$4,000,000 for fiscal year
$2,000,000 for each of fiscal years
2020 and 2021; and
$1,000,000 for each of fiscal years
2022 and 2023.”
Report of Administrator of Veterans’ Affairs to Congressional Committees; Publication in Federal Register
Pub. L. 93–282, title I, § 121(b), May 14, 1974, 88 Stat. 131, which directed Administrator of Veterans’ Affairs to submit to appropriate committees of House of Representatives and Senate a full report (1) on regulations (including guidelines, policies, and procedures thereunder) he had prescribed pursuant to section 321(b)(2) of Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 [former 42 U.S.C. 290dd–2(b)(2)], (2) explaining bases for any inconsistency between such regulations and regulations of Secretary under section 321(b)(1) of such Act [42 U.S.C. 290dd–2(b)(1)], (3) on extent, substance, and results of his consultations with Secretary respecting prescribing and implementation of Administrator’s regulations, and (4) containing such recommendations for legislation and administrative actions as he determined were necessary and desirable, with Administrator to submit report not later than sixty days after effective date of regulations prescribed by Secretary under such section 321(b)(1) [42 U.S.C. 290dd–2(b)(1)], and to publish such report in Federal Register, was characterized by section 111(c)(5) of Pub. L. 94–581 as having been superseded by section 4134 [now 7334] of Title 38, Veterans’ Benefits.