United States 115th Congress Status: In Committee Bipartisan · 25 R · 13 D cosponsors

HR 3545 — Overdose Prevention and Patient Safety Act

Last action — Subcommittee Consideration and Mark-up Session Held.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

In plain language

The bill amends regulations to enhance confidentiality for substance use disorder patient records.

This bill seeks to amend the Public Health Service Act to protect the confidentiality of records related to substance use disorders, ensuring these records cannot be used in criminal proceedings without a court order. It outlines exceptions for treatment, payment, and healthcare operations where existing privacy standards may apply.

What this means for you
  • Workers: For workers with substance use disorders, this bill may help ensure their treatment records remain confidential and are protected from legal actions.

Summary

Overdose Prevention and Patient Safety Act This bill aligns federal privacy standards for substance use disorder patient records more closely with standards under the Health Insurance Portability and Accountability Act.

Bill Text

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill strengthens confidentiality protections for substance use disorder patient records and clarifies conditions under which these records may be disclosed.

  • 42 U.S.C. 290dd-2

    The content → Subject to paragraph (3), the content

    This change adds a condition for how the content of patient records can be disclosed.

  • 42 U.S.C. 290dd-2

    Whether → Subject to paragraph (3), whether

    This change introduces a condition for the use of the term 'whether' in the context of patient records.

  • 42 U.S.C. 290dd-2

    (3) Exception.-- (A) In general.--In the case of a use or disclosure of the content of a record referred to in subsection (a) for purposes of treatment, payment, or health care operations, paragraphs (1) and (2), as applicable, and regulations issued under subsection (g), including any such regulations pertaining to redisclosure limitations, shall not apply, and the provisions of section 164.506 of title 45, Code of Federal Regulations, or any successor regulation, shall apply with respect to such use or disclosure of such content by an entity in the same manner and to the same extent as such provisions apply with respect to the use or disclosure of protected health information by a covered entity.

    This addition allows for certain uses and disclosures of patient record content without adhering to the typical confidentiality provisions.

  • 42 U.S.C. 290dd-2

    (B) Definitions.--For purposes of this paragraph, the terms 'treatment', 'payment', 'health care operations', and 'protected health information' have the meaning given such terms in section 164.501 of title 45, Code of Federal Regulations, or any successor regulation, and the term 'covered entity' has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations, or any successor regulation.

    This change defines specific terms used in the context of patient record disclosures.

  • 42 U.S.C. 290dd-2

    (c) Use of Records in Criminal Proceedings.-- (1) In general.--Except as authorized by a court order granted under subsection (b)(2)(C), no record referred to in subsection (a) may be used to initiate or substantiate any criminal charges against a patient or to conduct any investigation of a patient. (2) Additional protections.--In the case of a use or disclosure of a record referred to in subsection (a) for purposes of treatment, payment, or health care operations as provided for under subsection (b), no further disclosure or redisclosure of such record is allowed to initiate or substantiate any criminal charges against a patient or to conduct any investigation of a patient except as authorized by a court order granted under subsection (b)(2)(C) of this section. (3) Exclusionary effect and dismissal.--Any record referred to in subsection (a) that has been used or disclosed to initiate or substantiate any criminal charges against a patient or to conduct any investigation of a patient in violation of paragraph (1) or (2), shall be excluded from evidence in any proposed or actual proceedings relating to such criminal charges or investigation and absent good cause shown shall result in the automatic dismissal of any proceedings for which the content of the record was offered.

    This amendment provides extensive protections for the use of patient records in criminal proceedings, establishing criteria for when and how such records can be utilized.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on Energy and Commerce.

  4. Referred to the Subcommittee on Health.

  5. Subcommittee Consideration and Mark-up Session Held.

Sponsors

Sponsorship breakdown

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1 sponsors · 37 co-sponsors · 509 not signed on

Sponsors (1)

Co-sponsors (37)

Not signed on (509)

509 members have not signed on to this bill.

Show all 509 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety healthcare health-insurance
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Frequently asked questions

What does HR 3545 do?
Overdose Prevention and Patient Safety Act This bill aligns federal privacy standards for substance use disorder patient records more closely with standards under the Health Insurance Portability and Accountability Act.
Who sponsors HR 3545?
HR 3545 is sponsored by Murphy, Tim (Republican), Meehan, Patrick (Republican), Blumenauer, Earl (Democratic), Carter, Earl L. "Buddy" (Republican), Renacci, James B. (Republican), Mullin, Markwayne (Republican), Sessions, Pete (Republican), LaHood, Darin (Republican), Boyle, Brendan F. (Democratic), Brady, Robert A. (Democratic), Calvert, Ken (Republican), Evans, Dwight (Democratic), Lofgren, Zoe (Democratic), Brooks, Susan W. (Republican), Peterson, Collin C. (Democratic), Lewis, John (Democratic), Kelly, Mike (Republican), Johnson, Bill (Republican), Paulsen, Erik (Republican), Bera, Ami (Democratic), Holding, George (Republican), Larsen, Rick (Democratic), Kind, Ron (Democratic), Bilirakis, Gus M. (Republican), Noem, Kristi L. (Republican), Banks, Jim (Republican), Farenthold, Blake (Republican), Moulton, Seth (Democratic), DelBene, Suzan K. (Democratic), Jenkins, Lynn (Republican), Cramer, Kevin (Republican), Barr, Andy (Republican), Bonamici, Suzanne (Democratic), Dunn, Neal P. (Republican), Flores, Bill (Republican), Rokita, Todd (Republican), Emmer, Tom (Republican), and Hultgren, Randy (Republican).
What is the current status of HR 3545?
This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 3545?
Track HR 3545 free on One Click Politics — get push/email alerts when it moves.

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