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New HIPAA Privacy Rule Permits Disclosures to Background Check System
McDermott Will & Emery Link to more items from this source
[Guidance Overview]
Jan. 14, 2016
"The [National Instant Criminal Background Check System (NICS)] provision allows two types of covered entities to use or disclose PHI for purposes of NICS reporting: [1] those covered entities with the lawful authority to make adjudications or commitment decisions that subject individuals to the federal mental health prohibitor, and [2] those covered entities that serve as repositories of information for NICS reporting purposes. These two types of covered entities may include state departments of mental health, public health, state records repositories, or other state agencies, boards, or commissions outside of the court system. The rule does not create a blanket exception that would permit other types of covered entities to disclose PHI about their patients to the NICS."

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