New Updates to Mental Health and Substance Use disorder Confidentiality Laws in PA

Substance use disorder and mental health advocates have been long awaiting updates to the DAACA and MHPA confidentiality provisions. Advocates were hoping for updates allowing for easier sharing of patient information between mental health and substance abuse disorder providers, in hopes to provide more efficient and satisfactory patient care.

DAACA and MHPA were put into effect in the 1970’s, and went effectively unchanged since then, despite the drastic change in technology and healthcare opportunities. The confidentiality provisions included in the MHPA and DAACA have been more strict than the federal HIPAA regulations, limiting the sharing of information between payers, case managers and other providers causing barriers for patients to receive proper care. 

The Current Acts

The updates to the laws were brought up in order to, “ensure health care providers have access to all of the information they need to appropriately treat their clients and patients, making… communities healthier and saving lives” said by one of the sponsors of HB 1563, Bryan Cutler. On July 7, 2022, Pennsylvania Governor Tom Wolf signed House Bills 1561 and 1563 into law. These bills were signed as Acts 32 and 33 and directed the Department of Human Services to publicize the regulations. Acts 32 and 33 of 2022 amend the Mental Health Procedures Act and the Drug and Alcohol Abuse Act now allows sharing of patient information among facilities, insurers, and healthcare providers. The acts also meet the federal laws under HIPAA, but eases the tight restrictions that have been on patient information confidentiality since the 1970’s. The new Acts don’t inhibit privacy, but they do allow for improved healthcare for mental health and substance use disorder patients. 

Pennsylvania is now in line with other states, which have seen improved patient outcomes from similar regulations.