H.R. 5009House115th Congress (2017-2019)Passed House

Jessie's Law

Introduced February 13, 2018

AI-Generated Summary

Updated April 15, 2026 at 8:23 PM UTC

Jessie's Law directs the Department of Health and Human Services to create and share best‑practice guidelines for showing a patient’s opioid use disorder history in medical records, but only when the patient asks for it. The goal is to help clinicians see this information when prescribing opioids while still protecting privacy. The law also requires the agency to issue annual guidance to providers about what health information can be shared with families or caregivers during emergencies such as an overdose.

Key Provisions

  • Within one year, HHS must work with patients, health‑record experts, privacy experts, and clinicians to define when and how a patient’s request for opioid addiction history should be prominently displayed in electronic and paper records.
  • The guidelines must address what counts as a patient’s request, how to display the information, and how to avoid overwhelming providers with alerts.
  • HHS must distribute these best‑practice guidelines to health‑care providers and state agencies.
  • The department must also produce and share yearly written materials that explain what health‑information can legally be disclosed to families, caregivers, and other providers during emergencies like overdoses.
  • All recommendations must respect existing federal and state privacy laws and consent requirements.

Legislative Activity

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12 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

June 13, 2018

View full timeline
HouseIntro Referral

Introduced in House

February 13, 2018

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

February 13, 2018

HouseCommittee

Referred to the Subcommittee on Health.

February 16, 2018

HouseCommittee

Forwarded by Subcommittee to Full Committee by Unanimous Consent .

April 25, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 9, 2018

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

May 9, 2018

HouseFloor

Mr. Walden moved to suspend the rules and pass the bill, as amended.

June 12, 2018 • 3:26 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5042-5043)

June 12, 2018 • 3:26 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 5009.

June 12, 2018 • 3:26 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5042)

June 12, 2018 • 3:34 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5042)

June 12, 2018 • 3:34 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 12, 2018 • 3:34 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

June 13, 2018

Floor Debate

4 members

What members said about H.R. 5009 on the floor

2 Republicans2 Democrats
Debbie Dingell
Rep. Debbie DingellD-MI-12 · Jun 12, 2018

Mr. Speaker, I thank Ranking Member Pallone for yielding to me, and I again want to thank Chairman Walden for bringing this bill to the floor. Mr. Speaker, I rise in support of H.R. 5009, Jessie's…

Greg Walden
Rep. Greg WaldenR-OR-2 · Jun 12, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5009) to include information concerning a patient's opioid addiction in certain medical records, as amended. Mr. Speaker, I ask…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jun 12, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 5009. Mr. Speaker, I support H.R. 5009. As we know, opioid use a disorder is a medical condition that…

Tim Walberg
Rep. Tim WalbergR-MI-7 · Jun 12, 2018

Mr. Speaker, I thank the chairman for yielding, and I thank Congresswoman Debbie Dingell for working with me on this bipartisan legislation. Mr. Speaker, I rise in support of H.R. 5009, Jessie's Law.…

Bill Text

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Latest
Referred in SenateIssued June 13, 2018

IIB

115th CONGRESS

2d Session

H. R. 5009

IN THE SENATE OF THE UNITED STATES

June 13, 2018

Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions

AN ACT

To include information concerning a patient’s opioid addiction in certain medical records.

1.

Short title

This Act may be cited as Jessie’s Law.

2.

Inclusion of opioid addiction history in patient records

(a)

Best practices

(1)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with appropriate stakeholders, including a patient with a history of opioid use disorder, an expert in electronic health records, an expert in the confidentiality of patient health information and records, and a health care provider, shall identify or facilitate the development of best practices regarding—

(A)

the circumstances under which information that a patient has provided to a health care provider regarding such patient’s history of opioid use disorder should, only at the patient’s request, be prominently displayed in the medical records (including electronic health records) of such patient;

(B)

what constitutes the patient’s request for the purpose described in subparagraph (A); and

(C)

the process and methods by which the information should be so displayed.

(2)

Dissemination

The Secretary shall disseminate the best practices developed under paragraph (1) to health care providers and State agencies.

(b)

Requirements

In identifying or facilitating the development of best practices under subsection (a), as applicable, the Secretary, in consultation with appropriate stakeholders, shall consider the following:

(1)

The potential for addiction relapse or overdose, including overdose death, when opioid medications are prescribed to a patient recovering from opioid use disorder.

(2)

The benefits of displaying information about a patient’s opioid use disorder history in a manner similar to other potentially lethal medical concerns, including drug allergies and contraindications.

(3)

The importance of prominently displaying information about a patient’s opioid use disorder when a physician or medical professional is prescribing medication, including methods for avoiding alert fatigue in providers.

(4)

The importance of a variety of appropriate medical professionals, including physicians, nurses, and pharmacists, to have access to information described in this section when prescribing or dispensing opioid medication, consistent with Federal and State laws and regulations.

(5)

The importance of protecting patient privacy, including the requirements related to consent for disclosure of substance use disorder information under all applicable laws and regulations.

(6)

All applicable Federal and State laws and regulations.

3.

Communication with families during emergencies

(a)

Promoting awareness of authorized disclosures during emergencies

The Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services and the Administrator of the Health Resources and Services Administration, shall annually develop and disseminate written materials (electronically or by other means) to health care providers regarding permitted disclosures under Federal health care privacy law during emergencies, including overdoses, of certain health information to families, caregivers, and health care providers.

(b)

Use of material

For the purposes of carrying out subsection (a), the Secretary of Health and Human Services may use material produced under section 11004 of the 21st Century Cures Act (42 U.S.C. 1320d–2 note).

Passed the House of Representatives June 12, 2018.

Karen L. Haas,

Clerk.