New products available on the proposed HIPAA amendments impacting the federal firearm background check database

The National Instant Criminal Background Check System (NICS) is a federal database containing the names of individuals prohibited under federal law from purchasing a firearm. Recently, the Department of Health and Human Services (HHS) announced a proposed rule amending the HIPAA regulations (governing the privacy and security of individually identifiable health information) to expressly permit certain covered entities (e.g., health care providers, health plans) to disclose information about individuals subject to what is known as the "mental health prohibitor." The mental health prohibitor is contained in The Brady Handgun Violence Prevention Act of 1993, which prohibits several categories of individuals from engaging in the shipment, transport, receipt, or possession of firearms.

We invite you to read our new products below, which describe the NICS and the mental health prohibitor and discuss the provisions of the January 7 proposed rule in more detail.

The Fast Facts on the proposed HIPAA amendments to facilitate reporting for firearm background checks is available here

The Mythbuster on the myth that the federal background check database for firearm purchases contains mental health records is available here