Jessie’s Law, S 581 / HR 5009, calls for the Department of Health and Human Services (HHS) to develop and disseminate best practices regarding the prominent display of opioid use disorder history in patient records of patients who have previously provided this information to a health care provider.
The bill specifies that these best practices must allow for the patient to elect to have the opioid use disorder history displayed in medical records. Additionally, HHS must create these best practices after consulting with relevant stakeholders, including a patient with opioid use disorder, an expert in electronic health records, an expert in keeping health records confidential, and a health care provider.
The development of the best practices will take into account the following:
- The potential for addiction relapse or overdose death if opioid medications were prescribed to treat opioid use disorder;
- The benefits of displaying the opioid use disorder history similarly to other potentially lethal medical concerns, such as drug allergies;
- The importance of prominently displaying of past opioid use disorder when a physician or medical professional is prescribing medication;
- The importance of a variety of medical professionals to have access to the opioid addiction history when prescribing or dispensing opioid medication;
- The importance of protecting patient privacy; and
- Other applicable federal laws and regulations.
HR 5009, as amended, additionally requires the Centers for Medicare and Medicaid Services and the Health Resources and Services Administration to annually create and distribute written materials to healthcare providers. These materials would explain what patient health information those providers can disclose to families, caregivers, and other healthcare providers, in the event of medical emergencies such as drug overdoses.