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Cerridwen

(13,258 posts)
32. I found an article that discusses the HIPAA rule change...
Sat Jan 9, 2016, 04:57 PM
Jan 2016

I found an article that discusses the HIPAA rule change. It includes a bit of the history of reporting and the complexity and reasons for this rule change.

http://www.modernhealthcare.com/article/20160106/NEWS/160109963


HIPAA rule change part of move to fight gun violence
By Joseph Conn | January 6, 2016

Only a few healthcare organizations report to the federal database that conducts background searches on people who want to buy guns, but those groups will get a little more latitude through a final HHS rule that's part of a White House package announced this week aimed at combating gun violence.

A change to the Health Insurance Portability and Accountability Act clarifies who can share data with the FBI's National Instant Criminal Background Check System (NICS). HHS says the rule change will facilitate the flow of information from providers to NICS.

<snip>

Under the old privacy rule, reporting to NICS was not allowed under the HIPAA exemption when law enforcement agencies inquired about a person. Disclosures were also not permitted even if the person posed a serious threat to health or safety, according to HHS.

<snip>

But even with that workaround, many states, concerned about violating HIPAA law, which carries penalties of up to $50,000 per violation and prison sentences of up to 10 years in cases where the information was used for financial gain, were not reporting to NICS.

<snip to much more at link>


I bolded the part that I think highlights why the rule change was needed.

Oh, and BTW, heya, josh. How the heck ya doing?




"hey, this guy is on anti-depressants, and is seeing a therapist,"... meaculpa2011 Jan 2016 #1
So sue the gun dealer who decides that is reason enough not to provide a gun. joshcryer Jan 2016 #2
You skipped a step here I think underpants Jan 2016 #9
Exactly LittleBlue Jan 2016 #23
He also can't be a day under ninety if he was old enough to serve in 1944, LeftyMom Jan 2016 #41
He's 93, he doesn't have gun... meaculpa2011 Jan 2016 #48
There's a big difference between "in patient" and "out patient" therapy. briv1016 Jan 2016 #62
One reason people who need therapy won't seek help is that they fear tblue37 Jan 2016 #63
So now some want madville Jan 2016 #3
I have no idea how it'll be implemented. joshcryer Jan 2016 #5
"Nor do I give a shit." Says it all. End of discussion. n/t meaculpa2011 Jan 2016 #7
What a surprise! dumbcat Jan 2016 #18
Your observation does not bother me but my family has a jwirr Jan 2016 #20
All the background check system returns to a dealer... Lizzie Poppet Jan 2016 #16
I stand corrected. joshcryer Jan 2016 #22
Of course there's no stigma against getting help with mental health issues Fumesucker Jan 2016 #4
Yeah, that is truly not going to help. Ed Suspicious Jan 2016 #8
Is there some process to deny a mentally unstable Ed Suspicious Jan 2016 #6
Yes (although depends on State) Nevernose Jan 2016 #17
There are but there is a key difference from this scenario. NutmegYankee Jan 2016 #59
Why astounding? DFW Jan 2016 #10
You'll notice we're not Germany? WinkyDink Jan 2016 #12
Obviously, however: DFW Jan 2016 #19
What about HIPAA? Moreover, what makes anyone think that everyone who "needs" it is on medication? WinkyDink Jan 2016 #11
HIPAA shadowrider Jan 2016 #27
The vast majority of the last -6-? Wow that sounds significant! HereSince1628 Jan 2016 #13
" just catching up on Obama's EO " dumbcat Jan 2016 #14
Yet to listen to some people, here and IRL, you'd think he implemented GGJohn Jan 2016 #15
He directed HHS to do a rule change on mental health reporting. joshcryer Jan 2016 #21
Do you know how rule changes are implemented? dumbcat Jan 2016 #24
You can go to the CFR. joshcryer Jan 2016 #25
"I don't care" dumbcat Jan 2016 #34
I don't think you understand what a background check does NutmegYankee Jan 2016 #26
Should I edit the OP? joshcryer Jan 2016 #28
That's up to you. NutmegYankee Jan 2016 #36
It was a 2 AM drunk post. joshcryer Jan 2016 #39
I'm actually a strong "civil lberties" person NutmegYankee Jan 2016 #40
I edited it. joshcryer Jan 2016 #42
That's fine. NutmegYankee Jan 2016 #43
In retrospect it was a stupid thing I said. joshcryer Jan 2016 #46
What several states have put in place is a method to report that someone is a danger NutmegYankee Jan 2016 #47
To add to NutmegYankee's comment, here's a description of the California law petronius Jan 2016 #50
Good stuff. joshcryer Jan 2016 #51
Civics undergroundpanther Jan 2016 #54
Neck surgery... Nanndoc Feb 2016 #66
Kudos. Perfect analysis. Kang Colby Jan 2016 #57
I had a bipolar friend libodem Jan 2016 #29
Good! deathrind Jan 2016 #30
Good point, that one pilot killed an entire airline of people. joshcryer Jan 2016 #31
It doesn't sit well because it is flat out illegal for the Government to do that. NutmegYankee Jan 2016 #33
The due process deathrind Jan 2016 #44
A background check is not due process. NutmegYankee Jan 2016 #45
Ok deathrind Jan 2016 #49
The Constitution requires a court to make such a decision. NutmegYankee Jan 2016 #52
very well said sweetapogee Jan 2016 #65
I found an article that discusses the HIPAA rule change... Cerridwen Jan 2016 #32
Thanks so much. joshcryer Jan 2016 #35
:) Good to hear, er, read. Cerridwen Jan 2016 #37
This message was self-deleted by its author davidn3600 Jan 2016 #38
I have a weird feeling about this. qwlauren35 Jan 2016 #53
I have a not so weird feeling about this... HereSince1628 Jan 2016 #56
The Mentally Ill have become stigmatized victims of politicians looking for an easy scapegoat. Odin2005 Jan 2016 #60
What steps regarding enforcement are part of this? hifiguy Jan 2016 #55
So hunters with depression can have their guns confiscated by authorities now, wonderful! Odin2005 Jan 2016 #58
That's not what the executive action did. NutmegYankee Jan 2016 #61
Desiring a gun is a pretty blatant sign of a dangerous mental illness. hunter Jan 2016 #64
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