S. 1850Senate115th Congress (2017-2019)In Committee

Protecting Jessica Grubb's Legacy Act

Introduced September 25, 2017

AI-Generated Summary

Updated April 15, 2026 at 6:05 PM UTC

The Protecting Jessica Grubb's Legacy Act amends the Public Health Service Act to strengthen privacy protections for records of patients with substance use disorders. It defines these records, limits when they can be shared, and bars law‑enforcement access except by a court order showing good cause. The changes also make any improperly disclosed information unusable in criminal cases.

Key Provisions

  • Adds a definition for “substance use disorder patient record” and updates the section heading to reflect this focus.
  • Allows disclosures only for treatment, payment, health‑care operations, or qualified research/ audits, and requires that research data be de‑identified.
  • Prohibits law‑enforcement officials from accessing these records unless a court issues an order after a showing of good cause, such as preventing serious harm.
  • Bars the use of any disclosed substance‑use‑disorder record to initiate or support criminal charges or investigations.
  • If such a record is improperly used in a criminal proceeding, the information must be excluded as evidence and the case dismissed unless good cause is shown.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

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

September 25, 2017

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SenateIntro Referral

Introduced in Senate

September 25, 2017

SenateIntro Referral

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

September 25, 2017

Floor Debate

24 members

What members said about S. 1850 on the floor

16 Republicans8 Democrats
Greg Walden
Rep. Greg WaldenR-OR-2 · Sep 28, 2018

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 1099) providing for the concurrence by the House in the Senate amendment to H.R. 6, with an amendment. Mr. Speaker, I ask…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Sep 28, 2018

Mr. Speaker, I yield myself such time as I may consume. I rise today in support of H.R. 6, the SUPPORT for Patients and Communities Act. This bill is the product of many months of hard work by…

Maxine Waters
Rep. Maxine WatersD-CA-43 · Sep 28, 2018

Mr. Speaker, I rise to support H.R. 6, the SUPPORT for Patients and Communities Act, a bipartisan bill to address opioid addiction and other forms of substance abuse. A comprehensive, common-sense,…

Paul D. Ryan
Rep. Paul D. RyanR-WI-1 · Sep 28, 2018

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, I rise today to talk about something that is really close to all of our hearts. We have reached a point in this country where opioid…

Richard E. Neal
Rep. Richard E. NealD-MA-1 · Sep 28, 2018

Mr. Speaker, I rise in support of H.R. 6, the SUPPORT for Patients and Communities Act, and I want to acknowledge Mr. Pallone, Mr. Walden, and Mr. Brady, the chairman of the Ways and Means Committee,…

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Paul Tonko
Rep. Paul TonkoD-NY-20 · Sep 28, 2018

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, all across my district, I have encountered stories of individuals and families whose lives have been irrevocably changed by the scourge…

Earl L. "Buddy" Carter
Rep. Earl L. "Buddy" CarterR-GA-1 · Sep 28, 2018

Mr. Speaker, I would like to thank Chairmen Walden and Burgess for working so hard with our partners across the aisle as well as across the Capitol to come to a consensus on this critical legislation…

Elijah E. Cummings
Rep. Elijah E. CummingsD-MD-7 · Sep 28, 2018

Mr. Speaker, I want to thank Mr. Pallone for yielding, and for his great work on this legislation. Mr. Speaker, I rise in support of provisions in this package reauthorizing and reforming the Office…

Debbie Dingell
Rep. Debbie DingellD-MI-12 · Sep 28, 2018

Mr. Speaker, I thank Ranking Member Pallone for yielding and Chairman Walden for his leadership in bringing this bill to the floor. Mr. Speaker, I rise in strong support of H.R. 6, the SUPPORT for…

Gene Green
Rep. Gene GreenD-TX-29 · Sep 28, 2018

Mr. Speaker, I thank the ranking member for yielding to me. Mr. Speaker, I rise in support of the SUPPORT for Patients and Communities Act, bipartisan legislation that will help stem the tide against…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Sep 28, 2018

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, H.R. 6 is by far the most comprehensive legislation to address this national crisis. While more work remains--and I am the first to admit…

Kevin Brady
Rep. Kevin BradyR-TX-8 · Sep 28, 2018

Mr. Speaker, I thank Chairman Walden and Ranking Member Pallone for their work. The opioid crisis, as you know, has impacted every community in America, has robbed countless individuals of their full…

Ben Ray Luján
Rep. Ben Ray LujánD-NM-3 · Sep 28, 2018

Mr. Speaker, I rise today in support of H.R. 6, the SUPPORT for Patients and Communities Act. This is an important step forward in the fight against the Nation's opioid epidemic. However, this…

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Mike Bishop
Rep. Mike BishopR-MI-8 · Sep 28, 2018

Mr. Speaker, I rise in strong support of H.R. 6 which will make great strides toward ending the opioid crisis once and for all. I am pleased this package includes my bill, the STOP Act, which is…

Robert E. Latta
Rep. Robert E. LattaR-OH-5 · Sep 28, 2018

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, I rise today in support of H.R. 6. This legislation will make a significant difference to tens of thousands of Americans who are…

Andy Barr
Rep. Andy BarrR-KY-6 · Sep 28, 2018

Mr. Speaker, on behalf of the families of the Commonwealth of Kentucky which suffers from the third highest opioid overdose mortality rate in the Nation, I rise today in support of H.R. 6, and I…

Susan W. Brooks
Rep. Susan W. BrooksR-IN-5 · Sep 28, 2018

Mr. Speaker, the opioid and heroin crisis continues to hit Hoosiers hard. Sadly, we haven't turned the tide yet. It is robbing the futures of Americans in every State in our Nation. We must support…

Erik Paulsen
Rep. Erik PaulsenR-MN-3 · Sep 28, 2018

Mr. Speaker, I am excited to support this legislation. It is bipartisan. Minnesotans and those who are on the front lines of the opioid crisis will be helped, and it will aid the millions of American…

Bill Johnson
Rep. Bill JohnsonR-OH-6 · Sep 28, 2018

Mr. Speaker, today is the culmination of months of tireless work driven by heartbreaking stories of people whose lives were destroyed by opioid addiction, and, just as importantly, the powerful…

James B. Renacci
Rep. James B. RenacciR-OH-16 · Sep 28, 2018

Mr. Speaker, I rise in support of this legislation which includes my bipartisan bill, the Strengthening Partnerships to Prevent Opioid Abuse Act. The opioid epidemic has hit my home State of Ohio…

Tim Walberg
Rep. Tim WalbergR-MI-7 · Sep 28, 2018

Mr. Speaker, I rise today in strong support of this bipartisan package to address the opioid crisis devastating our communities. This legislation includes two provisions authored by myself and my…

Brett Guthrie
Rep. Brett GuthrieR-KY-2 · Sep 28, 2018

Mr. Speaker, I rise in support of the SUPPORT for Patients and Communities Act. One of the main things I hear back home is how our Nation's ongoing opioid crisis has affected either themselves, their…

Stephen Knight
Rep. Stephen KnightR-CA-25 · Sep 28, 2018

Mr. Speaker, as a police officer and a street cop in L.A., I have seen the problems that the opioid epidemic has done to our communities. It has literally destroyed families and hurt our communities…

Lou Barletta
Rep. Lou BarlettaR-PA-11 · Sep 28, 2018

Mr. Speaker, I rise today in support of H.R. 6 which includes my bill, the Treating Barriers to Prosperity Act. The Appalachian region, including much of my home State of Pennsylvania, has an…

Bill Text

Latest available legislative text

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Introduced in SenateIssued September 25, 2017

II

115th CONGRESS

1st Session

S. 1850

IN THE SENATE OF THE UNITED STATES

September 25, 2017

Mr. Manchin (for himself, Mrs. Capito, Mrs. Feinstein, Mr. King, Ms. Harris, and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To amend the Public Health Service Act to protect the confidentiality of substance use disorder patient records.

1.

Short title

This Act may be cited as the Protecting Jessica Grubb’s Legacy Act .

2.

Confidentiality of substance use disorder patient records

Section 543 of the Public Health Service Act (42 U.S.C. 290dd–2) is amended—

(1)

in the section heading, by inserting substance use disorder patient before records;

(2)

by redesignating subsections (a) through (h) as subsection (b) through (i), respectively;

(3)

by inserting before subsection (b), as so redesignated, the following:

(a)

Purpose

It is the purpose of this section to protect the confidentiality of substance use disorder patient records. Except as provided in subsection (f), such records shall be confidential and may be disclosed only for the purposes and under the circumstances expressly authorized under subsection (c), consistent with the allowable uses and disclosures to carry out treatment, payment, or health care operations as defined in regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996.

;

(4)

in subsection (b), as so redesignated—

(A)

in the subsection heading, by striking Requirement and inserting Definition;

(B)

by striking Records and inserting For purposes of this section, the term substance use disorder patient record means any record;

(C)

by striking which are and inserting that is; and

(D)

by striking shall, except and all that follows through subsection (b);

(5)

in subsection (c), as so redesignated—

(A)

in the subsection heading, by inserting of substance use disorder patient records after disclosure;

(B)

in paragraph (1)—

(i)

by striking The content and inserting Except as described in paragraph (2), the content;

(ii)

by striking record referred to in subsection (a) and inserting substance use disorder patient record; and

(iii)

by striking subsection (g) and inserting subsection (h); and

(C)

by amending paragraph (2) to read as follows:

(2)

Permitted disclosure

Whether or not the patient with respect to whom any substance use disorder patient record referred is maintained gives written consent, the content of such record may be used or disclosed as follows:

(A)

In connection with the provision of medical services or health care to substance use disorder patients consistent with the allowable uses and disclosures to carry out treatment, payment, or health care operations as described in section 164.506 of title 45, Code of Federal Regulations, or any successor regulation.

(B)

To qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient in any report of such research, audit, or evaluation, or otherwise disclose patient identities in any manner.

;

(6)

in subsection (d), as so redesignated—

(A)

by striking Except as authorized and all that follows through may be used and inserting the following:

(1)

In general

Except as authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor, including the need to avert a substantial risk of death or serious bodily harm:

(A)

No substance use disorder patient record may be used or disclosed to a law enforcement official

; and

(B)

by adding at the end the following:

(B)

In the case of a use or disclosure of the content of a substance use disorder patient record for purposes of treatment, payment, or health care operations as provided for under subsection (c), no further disclosure or re-disclosure of such record is allowed to initiate or substantiate any criminal charges against a patient or to conduct any investigation of a patient.

(2)

Exclusionary effect and dismissal

Any content of a substance use disorder patient record that has been mistakenly, wrongfully, or intentionally used or disclosed to initiate or substantiate any criminal charges against a patient or to conduct any investigation of a patient in violation of paragraph (1)—

(A)

shall be excluded from evidence in any proposed or actual proceedings relating to such criminal charges or investigation; and

(B)

absent good cause shown, shall result in the automatic dismissal of any proceedings for which the content of the record was offered.

;

(7)

in subsection (h), as so redesignated—

(A)

by striking subsection (h) and inserting subsection (i); and

(B)

by striking , including procedures and criteria for the issuance and scope of orders under subsection (b)(2)(C),; and

(8)

in subsection (i), as so redesignated, by striking subsection (g) and inserting subsection (h).