On January 6, the U.S. Department of Health and Human Services issued a final rule ("Final Rule") amending the portion of HIPAA's privacy rule that relates to uses and disclosures that don't require that the affected individual provide authorization or be given an opportunity to object. The Final Rule added a new provision allowing certain entities to disclose to the National Instant Criminal Background Check System (NICS) the identities of individuals with defined mental health or competency issues who are subject to existing federal law that disqualifies them from shipping, transporting, possessing or receiving a firearm. These identified entities are (i) entities designated by a state to report to NICS, and (ii) a court, board commission or other authority that makes a legal determination that an individual is prohibited from possessing a firearm under federal law.
The Final Rule does not affect the HIPAA privacy requirements for any other HIPAA covered entity. The effective date is February 5, 2016.
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