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Does HIPAA Prevent Background Check Compliance?


April 25, 2013

The Office for Civil Rights has issued an advance notice of proposed rulemaking to address concerns that in some states the HIPAA Privacy Rule may prevent states from “reporting the identities of individuals subject to the mental health prohibitor” to the National Instant Criminal Background Check System (NICS), Examiner.com reports. The notice is an effort to get public input on ways to address these barriers, adding, “In particular, we are considering creating an express permission in the HIPAA rules for reporting the relevant information to the NICS…”
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