OCR proposed rule would strengthen background checks

The Department of Health and Human Services’ Office of Civil Rights (OCR) issued a proposed rule relaxing certain HIPAA regulations that ultimately would serve to tighten gun background checks.

Specifically, the rule would amend the privacy law to permit HIPAA entities to disclose to the National Instant Criminal Background System the identities of individuals subject to a federal “mental health prohibitor” status. According to a related Department of Justice proposal rule, those with this status include individuals who have been involuntarily committed to a mental institution; found incompetent to stand trial or not guilty by reason of insanity; or otherwise deemed by a lawful authority to be in danger of themselves.

Under the law, these individuals are disqualified from shipping, transporting, possessing or receiving a firearm.

OCR clarified in the rule that the database would not include any specific medical information on individuals, just that they are subject to the federal mental health prohibitor.

The rule, accessible here, is scheduled for publication in the Federal Register on Jan. 7. A 90-day comment period will follow.