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McBrayer Blogs
Showing 1 post tagged mental health prohibitor.
HHS Finalizes Exception to HIPAA Privacy Rule for Firearm Background Checks
Posted In Health Insurance Portability and Accountability Act of 1996 (HIPAA), HIPAA, Mental Health Care
In January of 2016, the Department of Health & Human Services (“HHS”) issued a final rule modifying the HIPAA Privacy Rule.[1] This modification allows certain covered entities to disclose the identities of certain individuals to the National Instant Criminal Background Check System (“NICS”), a database maintained by the FBI. The information disclosed by the entities would pertain to an individual’s mental health, preventing those subject to a federal “mental health prohibitor” from possessing or receiving a firearm. Such a disclosure naturally creates a tension in the patient-provider relationship, however, and critics contend it could potentially discourage mentally ill individuals from seeking treatment.
