Final Rule: Health Insurance Portability & Accountability Act (HIPAA) Privacy Rule & The National Instant Criminal Background Check System (NICS)

On January 4, 2016, the Department of Health and Human Services (HHS) released a final rule modifying the Health Insurance Portability and Accountability Act (HIPAA) privacy rule to allow certain entities to disclose the identities of individuals with mental health disorders prohibited from owning a firearm to the National Instant Criminal Background Check System (NICS). The rule is effective on February 5, 2016. HHS believes this modification better enables the reporting of the identities of prohibited individuals to the background check system, to improve public safety, but still continuing to protect individuals’ privacy interests . . .