Submission of Mental Health Records to NICS and the HIPAA Privacy Rule

Author / Creator

Library of Congress. Congressional Research Service. American Law Division

Available as

Online

Summary

Provides overview of provisions of the Gun Control Act of 1968 that prohibit certain individuals adjudicated to be mentally ill or who have been committed to a mental institution from possessing, s...

Provides overview of provisions of the Gun Control Act of 1968 that prohibit certain individuals adjudicated to be mentally ill or who have been committed to a mental institution from possessing, shipping, transporting, and receiving firearms and ammunition; and identifies prohibiting mental health records, distinguishing them from other types of mental health information that would not disqualify an individual from purchasing a firearm. Describes the National Instant Criminal Background Check System (NICS), and discusses potential issues arising from privacy standards promulgated under the Health Insurance Portability and Accountability Act and State medical privacy laws that may impede State efforts to submit prohibiting mental health records to NICS.

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