HIPAA Privacy Rule Permits Disclosures to Firearm Background Check System

The current firearm background check system just became a little stronger thanks to the Department of Health and Human Services. The Department issued a Final Rule amending the HIPAA Privacy Rule to allow certain covered entities to disclose PHI about individuals prohibited from possessing or receiving firearms to the National Instant Background Check System without the individual’s prior consent. Lynn Sessions, a BakerHostetler partner, spoke with Cybersecurity Law Report about the Final Rule, its implications and processes covered entities should put in place to mitigate risk. The Final Rule became effective February 6, 2016. See also “Year-End HIPAA Settlements May Signal More Aggressive Enforcement by HHS” (Dec. 9, 2015).

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