S.F. 2032 DIVISION I 1 DISCLOSURE OF MENTAL HEALTH INFORMATION 2 Section 1. Section 228.2, Code 2016, is amended to read as 3 follows: 4 228.2 Mental health information disclosure prohibited —— 5 exceptions —— record of disclosure. 6 1. Except as specifically authorized in subsection 4, 7 section 228.3 , 228.5 , 228.6 , 228.7 , or 228.8 , or for the 8 purposes of care coordination as defined in section 135.154, 9 a mental health professional, data collector, or employee or 10 agent of a mental health professional, of a data collector, or 11 of or for a mental health facility shall not disclose or permit 12 the disclosure of mental health information. 13 2. a. Upon disclosure of mental health information pursuant 14 to subsection 4, section 228.3 , 228.5 , 228.6 , 228.7 , or 228.8 , 15 or for the purposes of care coordination as defined in section 16 135.154, the person disclosing the mental health information 17 shall enter a notation on and maintain the notation with the 18 individual’s record of mental health information, stating the 19 date of the disclosure and the name of the recipient of mental 20 health information. 21 b. The person disclosing the mental health information shall 22 give the recipient of the information a statement which informs 23 the recipient that disclosures may only be made pursuant to 24 the written authorization of an individual or an individual’s 25 legal representative, or as otherwise provided in this chapter , 26 that the unauthorized disclosure of mental health information 27 is unlawful, and that civil damages and criminal penalties may 28 be applicable to the unauthorized disclosure of mental health 29 information. 30 3. A recipient of mental health information shall not 31 disclose the information received, except as specifically 32 authorized for initial disclosure in subsection 4, section 33 228.3 , 228.5 , 228.6 , 228.7 , or 228.8 , or for the purposes of 34 care coordination as defined in section 135.154 . 35 -1- LSB 5580XS (6) 86 rh/lh 1/ 4

S.F. 2032 4. However, mental Mental health information may be 1 transferred at any time to another facility, physician, or 2 mental health professional in cases of a medical emergency or 3 if the individual or the individual’s legal representative 4 requests the transfer in writing for the purposes of receipt of 5 medical or mental health professional services, at which time 6 the requirements of subsection 2 shall be followed. 7 Sec. 2. EFFECTIVE UPON ENACTMENT. This division of this 8 Act, being deemed of immediate importance, takes effect upon 9 enactment. 10 DIVISION II 11 CONDITIONAL ENACTMENT 12 Sec. 3. Section 228.2, Code 2016, as amended in this Act, 13 is amended to read as follows: 14 228.2 Mental health information disclosure prohibited —— 15 exceptions —— record of disclosure. 16 1. Except as specifically authorized in subsection 4, 17 section 228.3 , 228.5 , 228.6 , 228.7 , or 228.8 , or for the 18 purposes of care coordination as defined in section 135.154 19 135D.2 , a mental health professional, data collector, or 20 employee or agent of a mental health professional, of a data 21 collector, or of or for a mental health facility shall not 22 disclose or permit the disclosure of mental health information. 23 2. a. Upon disclosure of mental health information 24 pursuant to subsection 4, section 228.3 , 228.5 , 228.6 , 228.7 , 25 or 228.8 , or for the purposes of care coordination as defined 26 in section 135.154 135D.2 , the person disclosing the mental 27 health information shall enter a notation on and maintain 28 the notation with the individual’s record of mental health 29 information, stating the date of the disclosure and the name of 30 the recipient of mental health information. 31 b. The person disclosing the mental health information shall 32 give the recipient of the information a statement which informs 33 the recipient that disclosures may only be made pursuant to 34 the written authorization of an individual or an individual’s 35 -2- LSB 5580XS (6) 86 rh/lh 2/ 4

S.F. 2032 legal representative, or as otherwise provided in this chapter , 1 that the unauthorized disclosure of mental health information 2 is unlawful, and that civil damages and criminal penalties may 3 be applicable to the unauthorized disclosure of mental health 4 information. 5 3. A recipient of mental health information shall not 6 disclose the information received, except as specifically 7 authorized for initial disclosure in subsection 4, section 8 228.3 , 228.5 , 228.6 , 228.7 , or 228.8 , or for the purposes of 9 care coordination as defined in section 135.154 135D.2 . 10 4. Mental health information may be transferred at any time 11 to another facility, physician, or mental health professional 12 in cases of a medical emergency or if the individual or the 13 individual’s legal representative requests the transfer in 14 writing for the purposes of receipt of medical or mental health 15 professional services, at which time the requirements of 16 subsection 2 shall be followed. 17 Sec. 4. EFFECTIVE DATE. This division of this Act 18 takes effect upon the assumption of the administration and 19 governance, including but not limited to the assumption of the 20 assets and liabilities, of the Iowa health information network 21 by the designated entity. The department of public health 22 shall notify the Code editor of the date of such assumption by 23 the designated entity. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to the disclosure of mental health 28 information for the purpose of the coordination of a patient’s 29 care, and includes effective date provisions. The bill is 30 organized by divisions. 31 DIVISION I —— DISCLOSURE OF MENTAL HEALTH INFORMATION. 32 Under current law, a mental health professional, data 33 collector, or employee or agent of a mental health 34 professional, or data collector, or of or for a mental health 35 -3- LSB 5580XS (6) 86 rh/lh 3/ 4

S.F. 2032 facility, is prohibited from disclosing or permitting the 1 disclosure of certain mental health information, except as 2 specifically authorized by law. A recipient of mental health 3 information is also prohibited from disclosing mental health 4 information received, except as specifically authorized by law. 5 The bill amends these provisions to include in the exception 6 disclosures made by such persons for purposes of a patient’s 7 care coordination, defined in Code section 135.154 as the 8 management of all aspects of a patient’s care to improve health 9 care quality. 10 This division is effective upon enactment. 11 DIVISION II —— CONDITIONAL ENACTMENT. 2015 Iowa Acts, ch 12 73 (HF 381), division I, creates a new Code chapter 135D which 13 provides for the administration and governance of an Iowa 14 health information network, currently under the authority of 15 the department of public health (DPH), by a nonprofit entity 16 to be designated by DPH through a competitive process. Code 17 chapter 135D will take effect only upon the assumption of the 18 administration and governance of the network by the designated 19 entity from DPH. HF 381 also contains certain transition 20 provisions, including the repeal of Code section 135.154, upon 21 assumption of the administration and governance of the Iowa 22 health information network by the designated entity. 23 This division amends Code section 228.2 to replace the 24 reference to the definition of care coordination in Code 25 section 135.154 with the corresponding reference to the 26 replacement definition in chapter 135D, contingent upon the 27 assumption of the designated entity of the administration and 28 governance of the network. 29 -4- LSB 5580XS (6) 86 rh/lh 4/ 4