HHS Releases Notice of Proposed Rulemaking to Strengthen Federal Background Checks

The Department of Health and Human Services (HHS) released a notice of proposed rulemaking to strengthen federal background checks by modifying the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule.  The proposed rulemaking permits certain HIPAA covered entities to disclose to the National Instant Criminal Background Check System (NICS) the identities of individuals who are subject to the Federal “mental health prohibitor,” which prohibits shipping, transporting, possessing, or receiving a firearm.  HHS is accepting comments on the notice of proposed rulemaking on or before March 10, 2014.

The notice of proposed rulemaking is available at: http://www.regulations.gov/index.jsp#!documentDetail;D=HHS-OCR-2014-0001-0001.

Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule and the National Instant Criminal Background Check System (NICS); Notice of proposed rulemaking, 79 Fed. Reg. 784 (January 7, 2014).