New Gun Rules May Collide With HIPAA

New gun sale rules announced by President Obama could be setting up a collision between officials and the confidentiality protections of the Health Insurance Portability and Accountability Act (Hipaa). The new rules under some circumstances allow state agencies to provide “protected health information” to the FBI’s National Instant Criminal Background Check System, and The New York Times reports that some states have expressed reluctance to do so because of concerns about Hipaa. Another new reporting avenue will be through the Social Security Administration, which will provide information on people who have mental health or competency issues, or receive disability benefits and have been judged unable to manage those benefits. Defenders of the requirements emphasize that reported information will not include diagnostic or clinical details.