On January 4, the Department of Health and Human Services ("DHHS") issued a final rule modifying HIPAA's Privacy Rule to expressly permit certain covered entities to disclose to the National Instant Criminal Background Check System ("NICS") the identities of individuals who, for specific mental health reasons, are prohibited by federal law from having a firearm. This permission does not apply to most treating providers but applies to only a small subset of covered entities that: (i) make the mental health determinations that disqualify individuals from having a firearm; or (ii) are designated by their respective states to report such information to NICS. This rule permits a covered entity to report only limited identifying, nondiagnostic, and nonclinical information to the NICS.

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