A rule proposed by HHS would amend HIPAA to allow certain covered entities to disclose the identities of individuals whose mental health conditions may disqualify them from owning a gun.
Under the new rule, certain provider organizations could notify the National Instant Criminal Background Check System of patients who would not be allowed to be in possession of a gun due to "marked subnormal intelligence or mental illness, incompetency, condition or disease."
The disclosed information would be limited to demographic and certain other information, not including medical records or "any mental health information beyond the
indication that the individual is subject to the federal mental health prohibitor."
The provider organizations would be permitted, but not required, to disclose the information to the NICS.
The new rule is part of President Obama's plan to increase gun control measures following the school shooting in Newtown, Conn., in December 2012.
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