Ed Thomas Act of 2010

Ed Thomas Act of 2010 - Allows a covered entity to disclose protected health information, including the date of discharge, to a law enforcement agency if: (1) an individual is accompanied by a law enforcement official at the time such individual seeks care from the covered entity; (2) such official requests, in writing, that the entity disclose to the official protected health information relating to such individual; and (3) such written request is made during the period that begins when such individual seeks such care and ends 24 hours after such individual is discharged from such care or otherwise stops receiving such care. 

Applies provisions applicable to a covered entity in response to administrative requests to the disclosure of information under this Act, including provisions requiring that: (1) the information sought is relevant and material to a legitimate law enforcement inquiry; and (2) the request is specific and limited in scope to the extent reasonably practicable in light of the purpose for which the information is sought.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5733 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5733

 To permit health care providers to disclose certain protected health 
               information to law enforcement officials.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2010

Mr. Braley of Iowa introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To permit health care providers to disclose certain protected health 
               information to law enforcement officials.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ed Thomas Act of 2010''.

SEC. 2. DISCLOSURE OF CERTAIN PATIENT INFORMATION TO LAW ENFORCEMENT 
              OFFICIALS.

    (a) In General.--If--
            (1) an individual is accompanied by a law enforcement 
        official at the time such individual seeks care from a covered 
        entity;
            (2) such official provides to such entity a request, in 
        writing, that the entity disclose to the official protected 
        health information relating to such individual; and
            (3) such written request is made during the period that 
        begins when such individual seeks such care and ends 24 hours 
        after such individual is discharged from such care or otherwise 
        stops receiving such care,
section 164.512(f)(1) of title 45, Code of Federal Regulations, shall 
apply to the disclosure of such information (including the date of 
discharge) to the law enforcement agency that employs such official by 
a covered entity in the same manner that such section applies to the 
disclosure of information by a covered entity in response to 
administrative requests.
    (b) Regulations.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Health and Human Services shall 
promulgate regulations to carry out this section.
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