Pennsylvania Consolidated & Unconsolidated Statutes
Act 33 - PENNSYLVANIA DRUG AND ALCOHOL ABUSE CONTROL ACT - CONFIDENTIALITY OF RECORDS

Session of 2022
No. 2022-33
 
HB 1563
 
AN ACT
 
Amending the act of April 14, 1972 (P.L.221, No.63), entitled "An act establishing
the Pennsylvania Advisory Council on Drug and Alcohol Abuse; imposing duties on the
Department of Health to develop and coordinate the implementation of a comprehensive
health, education and rehabilitation program for the prevention and treatment of drug
and alcohol abuse and drug and alcohol dependence; providing for emergency medical
treatment; providing for treatment and rehabilitation alternatives to the criminal
process for drug and alcohol dependence; and making repeals," further providing for
definitions and for confidentiality of records.

 
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
 
Section 1.  Section 2(b) of the act of April 14, 1972 (P.L.221, No.63), known as the Pennsylvania
Drug and Alcohol Abuse Control Act, is amended by adding definitions to read:

Section 2. Definitions:
* * *
(b)  As used in this act:
"Business associate" means "business associate" as defined in 45 CFR 160.103 (relating to definitions).
* * *
"Covered entity" means "covered entity" as defined in 45 CFR 160.103.
* * *
"Disclosure" means "disclosure" as defined in 45 CFR 160.103 and includes redisclosures
and rereleases of information.

* * *
"Federally assisted" means receiving Federal assistance as provided in 42 CFR 2.12(b)
(relating to applicability).

* * *
"Health care operations" means "health care operations" as defined in 45 CFR 164.501
(relating to definitions).

* * *
"Payment" means "payment" as defined in 45 CFR 164.501.
* * *
"Program" means "program" as defined in 42 CFR 2.11 (relating to definitions).
* * *
"Treatment" means "treatment" as defined in 45 CFR 164.501.
"Use" means "use" as defined in 45 CFR 160.103.
* * *
Section 2.  Section 8(b) and (c)(1) and (2) of the act are amended and the section is amended
by adding a subsection to read:

Section 8.  Confidentiality of Records.--* * *
(b)  [All patient] (1)  Patient records (including all records relating to any commitment proceeding), except patient records subject to subsection (d), prepared or obtained pursuant to this act, and all information contained therein,
[shall remain confidential, and may be disclosed only with the patient's consent and
only] may not be disclosed without the patient's consent, except:
(i)  to medical personnel exclusively for purposes of diagnosis and treatment of the patient
[or];
(ii)  to government or other officials exclusively for the purpose of obtaining benefits
due the patient as a result of his drug or alcohol abuse or drug or alcohol dependence
except that in emergency medical situations where the patient's life is in immediate
jeopardy, patient records may be released without the patient's consent to proper
medical authorities solely for the purpose of providing medical treatment to the patient[.]; or
(iii)  to a covered entity or a covered entity's business associate that makes the use, disclosure or request for disclosure in accordance with 45 CFR Pt. 164 Subpt. E (relating to privacy of individually identifiable health
information).
(2)  Disclosure may be made for purposes unrelated to such treatment or benefits only upon
an order of a court of common pleas after application showing good cause therefor.
In determining whether there is good cause for disclosure, the court shall weigh the
need for the information sought to be disclosed against the possible harm of disclosure
to the person to whom such information pertains, the physician-patient relationship,
and to the treatment services, and may condition disclosure of the information upon
any appropriate safeguards. No such records or information may be used to initiate
or substantiate criminal charges against a patient under any circumstances.

(c)  (1)  Except as provided under subsection (d) and section 12(b), patient records and all information contained therein relating to
drug or alcohol abuse or drug or alcohol dependence prepared or obtained by a private
practitioner, hospital, clinic, drug rehabilitation or drug treatment center shall
remain confidential and may [be disclosed only] not be disclosed without a patient's consent except:

(i)  when the patient is of the age of majority [and consents to the disclosure]; or
(ii)  if the patient is a minor, the patient consents to treatment under section 12(a) [and
consents to the disclosure]. A minor patient who does not consent to medical treatment
or counseling under section 12(a) may consent to the disclosure of records and information.

(2)  Records and information subject to disclosure in accordance with paragraph (1) shall
only be disclosed:

(i)  to medical personnel exclusively for purposes of diagnosis and treatment of the patient;
(ii)  to the parent or legal guardian of a minor or any other designee for which the patient
has provided consent; [or]

(iii)  to government or other officials exclusively for the purpose of obtaining benefits
due the patient as a result of his drug or alcohol abuse or drug or alcohol dependence[.]; or
(iv)  to a covered entity or a covered entity's business associate that makes the use, disclosure
or request for disclosure in accordance with 45 CFR Pt. 164 Subpt. E.

* * *
(d)  Notwithstanding any other provision of law, patient records of a federally assisted
program subject to 42 CFR Pt. 2 (relating to confidentiality of substance use disorder
patient records) and all information contained in such patient records shall remain
confidential and may be disclosed only as permitted by 42 CFR Pt. 2 and other applicable
Federal law.

Section 3.  The Department of Drug and Alcohol Programs shall not have the authority to promulgate
or enforce a regulation that restricts any disclosure of records or information that
is permitted by this act.

Section 4.  This act shall take effect immediately.
 
APPROVED--The 7th day of July, A.D. 2022.
 
TOM WOLF

Structure Pennsylvania Consolidated & Unconsolidated Statutes