NICS Disclosures Final Rule Nullified

hospital active shooterJust last year, HHS issued a final rule modifying the HIPAA Privacy Rule to expressly permit certain, but not all, HIPAA covered entities to disclose the identities of individuals who are subject to a federal mental health prohibitor that disqualifies them from shipping, transporting, possessing or receiving a firearm to the National Instant Criminal Background Check System (NICS).

As of February 28, 2017 H.J.40 became law, nullifying the NICS Disclosures final rule:

This joint resolution nullifies the “Implementation of the NICS Improvement Amendments Act of 2007 rule finalized by the Social Security Administration on December 19, 2016. The rule implements a plan to provide to the National Instant Criminal History Background Check System the name of an individual who meets certain criteria, including that benefit payments are made through a representative payee because the individual is determined to be mentally incapable of managing them. (Current law prohibits firearm sale or transfer to and purchase or possession by a person who has been adjudicated as a mental defective.)

We have updated our HIPAA Privacy module to include this important language.

Did you know HCP offers an Active Shooter Module?

We have created a new course to help your organization with Active Shooter preparations. This course is available in our Course Library and the 1st 10 slides can be previewed. In addition to Active Shooter training, we offer a Workplace Violence course and a Harassment and Discrimination in the Workplace course.

If your subscription includes access to the course library, this course will be available to you starting today. Simply request the course and we’ll activate it for you.  If you have not purchased the course library, and would like more information about adding courses to your compliance program, please reach out to your compliance contact directly or feel free to send us an email at  [email protected]or reach us by phone at 855-427-0427.

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