42 U.S.C. § 290dd-2 — Confidentiality of records

Page 926 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290dd–2 § 290dd–2. Confidentiality of records (a) Requirement Records of the identity, diagnosis, prognosis, or treatment of any patient which are main- tained in connection with the performance of any program or activity relating to substance use disorder education, prevention, training, treatment, rehabilitation, or research, which is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States shall, except as provided in sub- section (e), be confidential and be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b). (b) Permitted disclosure (1) Consent The following shall apply with respect to the contents of any record referred to in sub- section (a): (A) Such contents may be used or disclosed in accordance with the prior written consent of the patient with respect to whom such record is maintained. (B) Once prior written consent of the pa- tient has been obtained, such contents may be used or disclosed by a covered entity, business associate, or a program subject to this section for purposes of treatment, pay- ment, and health care operations as per- mitted by the HIPAA regulations. Any infor- mation so disclosed may then be redisclosed in accordance with the HIPAA regulations. Section 17935(c) of this title shall apply to all disclosures pursuant to subsection (b)(1) of this section. (C) It shall be permissible for a patient’s prior written consent to be given once for all such future uses or disclosures for purposes of treatment, payment, and health care op- erations, until such time as the patient re- vokes such consent in writing. (D) Section 17935(a) of this title shall apply to all disclosures pursuant to subsection (b)(1) of this section. (2) Method for disclosure Whether or not the patient, with respect to whom any given record referred to in sub- section (a) is maintained, gives written con- sent, the content of such record may be dis- closed as follows: (A) To medical personnel to the extent necessary to meet a bona fide medical emer- gency. (B) To qualified personnel for the purpose of conducting scientific research, manage- ment audits, financial audits, or program evaluation, but such personnel may not identify, directly or indirectly, any indi- vidual patient in any report of such re- search, audit, or evaluation, or otherwise disclose patient identities in any manner. (C) If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause there- for, including the need to avert a substantial risk of death or serious bodily harm. In as- sessing good cause the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the phy- sician-patient relationship, and to the treat- ment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appro- priate safeguards against unauthorized dis- closure. (D) To a public health authority, so long as such content meets the standards estab- lished in section 164.514(b) of title 45, Code of Federal Regulations (or successor regula- tions) for creating de-identified information. (c) Use of records in criminal, civil, or adminis- trative contexts Except as otherwise authorized by a court order under subsection (b)(2)(C) or by the con- sent of the patient, a record referred to in sub- section (a), or testimony relaying the informa- tion contained therein, may not be disclosed or used in any civil, criminal, administrative, or legislative proceedings conducted by any Fed- eral, State, or local authority, against a patient, including with respect to the following activi- ties: (1) Such record or testimony shall not be en- tered into evidence in any criminal prosecu- tion or civil action before a Federal or State court. (2) Such record or testimony shall not form part of the record for decision or otherwise be taken into account in any proceeding before a Federal, State, or local agency. (3) Such record or testimony shall not be used by any Federal, State, or local agency for a law enforcement purpose or to conduct any law enforcement investigation. (4) Such record or testimony shall not be used in any application for a warrant. (d) Application The prohibitions of this section continue to apply to records concerning any individual who has been a patient, irrespective of whether or when such individual ceases to be a patient. (e) Nonapplicability The prohibitions of this section do not apply to any interchange of records— (1) within the Uniformed Services or within those components of the Department of Vet- erans Affairs furnishing health care to vet- erans; or (2) between such components and the Uni- formed Services. The prohibitions of this section do not apply to the reporting under State law of incidents of suspected child abuse and neglect to the appro- priate State or local authorities. (f) Penalties The provisions of sections 1176 and 1177 of the Social Security Act [42 U.S.C. 1320d–5, 1320d–6] shall apply to a violation of this section to the extent and in the same manner as such provi- sions apply to a violation of part C of title XI of such Act [42 U.S.C. 1320d et seq.]. In applying the previous sentence— (1) the reference to ‘‘this subsection’’ in sub- section (a)(2) of such section 1176 shall be treated as a reference to ‘‘this subsection (in- Page 927 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290dd–2 1 So in original. cluding as applied pursuant to section 290dd–2(f) of this title)’’; and (2) in subsection (b) of such section 1176— (A) each reference to ‘‘a penalty imposed under subsection (a)’’ shall be treated as a reference to ‘‘a penalty imposed under sub- section (a) (including as applied pursuant to section 290dd–2(f) of this title)’’; and (B) each reference to ‘‘no damages ob- tained under subsection (d)’’ shall be treated as a reference to ‘‘no damages obtained under subsection (d) (including as applied pursuant to section 290dd–2(f) of this title)’’. (g) Regulations Except as provided in subsection (h), the Sec- retary shall prescribe regulations to carry out the purposes of this section. Such regulations may contain such definitions, and may provide for such safeguards and procedures, including procedures and criteria for the issuance and scope of orders under subsection (b)(2)(C), as in the judgment of the Secretary are necessary or proper to effectuate the purposes of this section, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. (h) Application to Department of Veterans Af- fairs The Secretary of Veterans Affairs, acting through the Under Secretary for Health, shall, to the maximum feasible extent consistent with their responsibilities under title 38, prescribe regulations making applicable the regulations prescribed by the Secretary of Health and Human Services under subsection (g) to records maintained in connection with the provision of hospital care, nursing home care, domiciliary care, and medical services under such title 38 to veterans suffering from substance use disorder. In prescribing and implementing regulations pursuant to this subsection, the Secretary of Veterans Affairs shall, from time to time, con- sult with the Secretary of Health and Human Services in order to achieve the maximum pos- sible coordination of the regulations, and the implementation thereof, which they each pre- scribe. (i) Antidiscrimination (1) In general No entity shall discriminate against an indi- vidual on the basis of information received by such entity pursuant to an inadvertent or in- tentional disclosure of records, or information contained in records, described in subsection (a) in— (A) admission, access to, or treatment for health care; (B) hiring, firing, or terms of employment, or receipt of worker’s compensation; (C) the sale, rental, or continued rental of housing; (D) access to Federal, State, or local courts; or (E) access to, approval of, or maintenance of social services and benefits provided or funded by Federal, State, or local govern- ments. (2) Recipients of Federal funds No recipient of Federal funds shall discrimi- nate against an individual on the basis of in- formation received by such recipient pursuant to an intentional or inadvertent disclosure of such records or information contained in records described in subsection (a) in affording access to the services provided with such funds. (j) Notification in case of breach The provisions of section 17932 of this title shall apply to a program or activity described in subsection (a), in case of a breach of records de- scribed in subsection (a), to the same extent and in the same manner as such provisions apply to a covered entity in the case of a breach of unse- cured protected health information. (k) Definitions For purposes of this section: (1) Breach The term ‘‘breach’’ has the meaning given such term for purposes of the HIPAA regula- tions. (2) Business associate The term ‘‘business associate’’ has the meaning given such term for purposes of the HIPAA regulations. (3) Covered entity The term ‘‘covered entity’’ has the meaning given such term for purposes of the HIPAA regulations. (4) Health care operations The term ‘‘health care operations’’ has the meaning given such term for purposes of the HIPAA regulations. (5) HIPAA regulations The term ‘‘HIPAA regulations’’ has the meaning given such term for purposes of parts 160 and 164 of title 45, Code of Federal Regula- tions. (6) Payment The term ‘‘payment’’ has the meaning given such term for purposes of the HIPAA regula- tions. (7) Public health authority The term ‘‘public health authority’’ has the meaning given such term for purposes of the HIPAA regulations. (8) Treatment The term ‘‘treatment’’ has the meaning given such term for purposes of the HIPAA regulations. (9) Unsecured protected health information The term ‘‘unprotected 1 health informa- tion’’ has the meaning given such term for purposes of the HIPAA regulations. (July 1, 1944, ch. 373, title V, § 543, formerly Pub. L. 91–616, title III, § 321, Dec. 31, 1970, 84 Stat. 1852, as amended Pub. L. 93–282, title I, § 121(a), May 14, 1974, 88 Stat. 130; Pub. L. 94–371, § 11(a), (b), July 26, 1976, 90 Stat. 1041; Pub. L. 94–581, title I, § 111(c)(1), Oct. 21, 1976, 90 Stat. 2852; re- numbered § 522 of act July 1, 1944, and amended Pub. L. 98–24, § 2(b)(13), Apr. 26, 1983, 97 Stat. 181; Page 928 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290dd–2 renumbered § 543, Pub. L. 100–77, title VI, § 611(2), July 22, 1987, 101 Stat. 516; Pub. L. 102–321, title I, § 131, July 10, 1992, 106 Stat. 368; Pub. L. 102–405, title III, § 302(e)(1), Oct. 9, 1992, 106 Stat. 1985; Pub. L. 105–392, title IV, § 402(c), Nov. 13, 1998, 112 Stat. 3588; Pub. L. 116–136, div. A, title III, § 3221(a)–(h), Mar. 27, 2020, 134 Stat. 375–378.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (f), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part C of title XI of the Act is classified generally to part C (§ 1320d et seq.) of subchapter XI of chapter 7 of this title. For complete classification of this Act to the Code, see sec- tion 1305 of this title and Tables. CODIFICATION Section was formerly classified to section 4581 of this title prior to renumbering by Pub. L. 98–24. AMENDMENTS 2020—Subsec. (a). Pub. L. 116–136, § 3221(a), substituted ‘‘substance use disorder’’ for ‘‘substance abuse’’. Subsec. (b)(1). Pub. L. 116–136, § 3221(b), amended par. (1) generally. Prior to amendment, text read as follows: ‘‘The content of any record referred to in subsection (a) may be disclosed in accordance with the prior written consent of the patient with respect to whom such record is maintained, but only to such extent, under such circumstances, and for such purposes as may be allowed under regulations prescribed pursuant to sub- section (g).’’ Subsec. (b)(2)(D). Pub. L. 116–136, § 3221(c), added sub- par. (D). Subsec. (c). Pub. L. 116–136, § 3221(e), amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘Except as authorized by a court order granted under subsection (b)(2)(C), no record referred to in subsection (a) may be used to initiate or substantiate any criminal charges against a patient or to conduct any investiga- tion of a patient.’’ Subsec. (f). Pub. L. 116–136, § 3221(f), amended subsec. (f) generally. Prior to amendment, text read as follows: ‘‘Any person who violates any provision of this section or any regulation issued pursuant to this section shall be fined in accordance with title 18.’’ Subsec. (h). Pub. L. 116–136, § 3221(a), substituted ‘‘substance use disorder’’ for ‘‘substance abuse’’. Subsec. (i). Pub. L. 116–136, § 3221(g), added subsec. (i). Subsec. (j). Pub. L. 116–136, § 3221(h), added subsec. (j). Subsec. (k). Pub. L. 116–136, § 3221(d), added subsec. (k). 1998—Subsec. (e)(1), (2). Pub. L. 105–392 substituted ‘‘Uniformed Services’’ for ‘‘Armed Forces’’. 1992—Pub. L. 102–405 substituted ‘‘Under Secretary for Health’’ for ‘‘Chief Medical Director’’ in subsec. (h). Pub. L. 102–321 amended section generally, sub- stituting provisions relating to confidentiality of records for provisions relating to admission of alcohol abusers and alcoholics to general hospitals and out- patient facilities. 1983—Pub. L. 98–24, § 2(b)(13), renumbered section 4581 of this title as this section. Subsec. (a). Pub. L. 98–24, § 2(b)(13)(C), made a tech- nical amendment to reference to section 300s–3 of this title. 1976—Subsec. (a). Pub. L. 94–371, § 11(a), inserted ‘‘, or outpatient facility (as defined in section 300s–3(6) of this title)’’ after ‘‘hospital’’. Subsec. (b)(1). Pub. L. 94–371, § 11(b), inserted ‘‘and outpatient facilities’’ after ‘‘hospitals’’, and ‘‘or out- patient facility’’ after ‘‘hospital’’ wherever appearing, and substituted ‘‘shall issue regulations not later than December 31, 1976’’ for ‘‘is authorized to make regula- tions’’. Subsec. (b)(2). Pub. L. 94–581 provided that subsec. (b)(2), which directed the Administrator of Veteran’s Affairs, through the Chief Medical Director, to pre- scribe regulations making applicable the regulations prescribed by the Secretary under subsec. (b)(1) to the provision of hospital care, nursing home care, domi- ciliary care, and medical services under title 38 to vet- erans suffering from alcohol abuse or alcoholism and to consult with the Secretary in order to achieve the max- imum possible coordination of the regulations, and the implementation thereof, which they each prescribed, was superseded by section 4131 [now 7331] et seq. of Title 38, Veterans’ Benefits. 1974—Subsec. (a). Pub. L. 93–282, in revising text, pro- hibited discrimination because of alcohol abuse, sub- stituted provisions respecting eligibility for admission and treatment based on suffering from medical condi- tions for former provision based on medical need and ineligibility, because of discrimination, for support in any form from any program supported in whole or in part by funds appropriated to any Federal department or agency for former requirement for treatment by a general hospital which received Federal funds, and de- leted prohibition against receiving Federal financial assistance for violation of section and for termination of Federal assistance on failure to comply, now incor- porated in regulation authorization of subsec. (b) of this section. Subsec. (b). Pub. L. 93–282 substituted provisions re- specting issuance of regulations by the Secretary con- cerning enforcement procedures and suspension or rev- ocation of Federal support and by the Administrator concerning applicable regulations for veterans, and for coordination of the respective regulations for former provisions respecting judicial review. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–321 effective Oct. 1, 1992, with provision for programs providing financial assist- ance, see section 801(c), (d) of Pub. L. 102–321, set out as a note under section 236 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of Title 38, Veterans’ Benefits. REGULATIONS Pub. L. 116–136, div. A, title III, § 3221(i), Mar. 27, 2020, 134 Stat. 378, provided that: ‘‘(1) IN GENERAL.—The Secretary of Health and Human Services, in consultation with appropriate Fed- eral agencies, shall make such revisions to regulations as may be necessary for implementing and enforcing the amendments made by this section [amending this section], such that such amendments shall apply with respect to uses and disclosures of information occur- ring on or after the date that is 12 months after the date of enactment of this Act [Mar. 27, 2020]. ‘‘(2) EASILY UNDERSTANDABLE NOTICE OF PRIVACY PRAC- TICES.—Not later than 1 year after the date of enact- ment of this Act, the Secretary of Health and Human Services, in consultation with appropriate legal, clin- ical, privacy, and civil rights experts, shall update sec- tion 164.520 of title 45, Code of Federal Regulations, so that covered entities and entities creating or maintain- ing the records described in subsection (a) provide no- tice, written in plain language, of privacy practices re- garding patient records referred to in section 543(a) of the Public Health Service Act (42 U.S.C. 290dd–2(a)), in- cluding— ‘‘(A) a statement of the patient’s rights, including self-pay patients, with respect to protected health in- formation and a brief description of how the indi- vidual may exercise these rights (as required by sub- section (b)(1)(iv) of such section 164.520); and ‘‘(B) a description of each purpose for which the covered entity is permitted or required to use or dis- close protected health information without the pa- Page 929 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290dd–2 tient’s written authorization (as required by sub- section (b)(2) of such section 164.520).’’ CONSTRUCTION OF 2020 AMENDMENT Pub. L. 116–136, div. A, title III, § 3221(j), Mar. 27, 2020, 134 Stat. 379, provided that: ‘‘Nothing in this Act [div. A of Pub. L. 116–136, see Tables for Classification] or the amendments made by this Act shall be construed to limit— ‘‘(1) a patient’s right, as described in section 164.522 of title 45, Code of Federal Regulations, or any suc- cessor regulation, to request a restriction on the use or disclosure of a record referred to in section 543(a) of the Public Health Service Act (42 U.S.C. 290dd–2(a)) for purposes of treatment, payment, or health care operations; or ‘‘(2) a covered entity’s choice, as described in sec- tion 164.506 of title 45, Code of Federal Regulations, or any successor regulation, to obtain the consent of the individual to use or disclose a record referred to in such section 543(a) to carry out treatment, payment, or health care operation.’’ JESSIE’S LAW Pub. L. 115–271, title VII, §§ 7051–7053, Oct. 24, 2018, 132 Stat. 4017, 4018, provided that: ‘‘SEC. 7051. INCLUSION OF OPIOID ADDICTION HIS- TORY IN PATIENT RECORDS. ‘‘(a) BEST PRACTICES.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Oct. 24, 2018], the Sec- retary of Health and Human Services (in this section referred to as the ‘Secretary’), 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 pa- tient health information and records, and a health care provider, shall identify or facilitate the develop- ment of best practices regarding— ‘‘(A) the circumstances under which information that a patient has provided to a health care pro- vider regarding such patient’s history of opioid use disorder should, only at the patient’s request, be prominently displayed in the medical records (in- cluding 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 infor- mation should be so displayed. ‘‘(2) DISSEMINATION.—The Secretary shall dissemi- nate 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 ap- propriate 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 in- formation about a patient’s opioid use disorder when a physician or medical professional is prescribing medication, including methods for avoiding alert fa- tigue in providers. ‘‘(4) The importance of a variety of appropriate medical professionals, including physicians, nurses, and pharmacists, having access to information de- scribed 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 dis- closure of substance use disorder information under all applicable laws and regulations. ‘‘(6) All applicable Federal and State laws and regu- lations. ‘‘SEC. 7052. COMMUNICATION WITH FAMILIES DUR- ING EMERGENCIES. ‘‘(a) PROMOTING AWARENESS OF AUTHORIZED DISCLO- SURES DURING EMERGENCIES.—The Secretary of Health and Human Services shall annually notify health care providers regarding permitted disclosures under Fed- eral health care privacy law during emergencies, in- cluding 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 7053 of this Act or section 11004 of the 21st Century Cures Act (42 U.S.C. 1320d–2 note). ‘‘SEC. 7053. DEVELOPMENT AND DISSEMINATION OF MODEL TRAINING PROGRAMS FOR SUB- STANCE USE DISORDER PATIENT RECORDS. ‘‘(a) INITIAL PROGRAMS AND MATERIALS.—Not later than 1 year after the date of the enactment of this Act [Oct. 24, 2018], the Secretary of Health and Human Services (in this section referred to as the ‘Secretary’), in consultation with appropriate experts, shall identify the following model programs and materials (or if no such programs or materials exist, recognize private or public entities to develop and disseminate such pro- grams and materials): ‘‘(1) Model programs and materials for training health care providers (including physicians, emer- gency medical personnel, psychiatrists, psycholo- gists, counselors, therapists, nurse practitioners, physician assistants, behavioral health facilities and clinics, care managers, and hospitals, including indi- viduals such as general counsels or regulatory com- pliance staff who are responsible for establishing pro- vider privacy policies) concerning the permitted uses and disclosures, consistent with the standards and regulations governing the privacy and security of substance use disorder patient records promulgated by the Secretary under section 543 of the Public Health Service Act (42 U.S.C. 290dd–2) for the con- fidentiality of patient records. ‘‘(2) Model programs and materials for training pa- tients and their families regarding their rights to protect and obtain information under the standards and regulations described in paragraph (1). ‘‘(b) REQUIREMENTS.—The model programs and mate- rials described in paragraphs (1) and (2) of subsection (a) shall address circumstances under which disclosure of substance use disorder patient records is needed to— ‘‘(1) facilitate communication between substance use disorder treatment providers and other health care providers to promote and provide the best pos- sible integrated care; ‘‘(2) avoid inappropriate prescribing that can lead to dangerous drug interactions, overdose, or relapse; and ‘‘(3) notify and involve families and caregivers when individuals experience an overdose. ‘‘(c) PERIODIC UPDATES.—The Secretary shall— ‘‘(1) periodically review and update the model pro- gram and materials identified or developed under subsection (a); and ‘‘(2) disseminate such updated programs and mate- rials to the individuals described in subsection (a)(1). ‘‘(d) INPUT OF CERTAIN ENTITIES.—In identifying, re- viewing, or updating the model programs and materials under this section, the Secretary shall solicit the input of relevant stakeholders. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to carry out this section— ‘‘(1) $4,000,000 for fiscal year 2019; ‘‘(2) $2,000,000 for each of fiscal years 2020 and 2021; and Page 930 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290dd–2a ‘‘(3) $1,000,000 for each of fiscal years 2022 and 2023.’’ REPORT OF ADMINISTRATOR OF VETERANS’ AFFAIRS TO CONGRESSIONAL COMMITTEES; PUBLICATION IN FED- ERAL REGISTER Pub. L. 93–282, title I, § 121(b), May 14, 1974, 88 Stat. 131, which directed Administrator of Veterans’ Affairs to submit to appropriate committees of House of Rep- resentatives and Senate a full report (1) on regulations (including guidelines, policies, and procedures there- under) he had prescribed pursuant to section 321(b)(2) of Comprehensive Alcohol Abuse and Alcoholism Preven- tion, Treatment, and Rehabilitation Act of 1970 [former 42 U.S.C. 290dd–2(b)(2)], (2) explaining bases for any in- consistency between such regulations and regulations of Secretary under section 321(b)(1) of such Act [42 U.S.C. 290dd–2(b)(1)], (3) on extent, substance, and re- sults of his consultations with Secretary respecting prescribing and implementation of Administrator’s reg- ulations, and (4) containing such recommendations for legislation and administrative actions as he deter- mined were necessary and desirable, with Adminis- trator to submit report not later than sixty days after effective date of regulations prescribed by Secretary under such section 321(b)(1) [42 U.S.C. 290dd–2(b)(1)], and to publish such report in Federal Register, was charac- terized by section 111(c)(5) of Pub. L. 94–581 as having been superseded by section 4134 [now 7334] of Title 38, Veterans’ Benefits. § 290dd–2a. Promoting access to information on evidence-based programs and practices (a) In general The Assistant Secretary shall, as appropriate, improve access to reliable and valid information on evidence-based programs and practices, in- cluding information on the strength of evidence associated with such programs and practices, re- lated to mental and substance use disorders for States, local communities, nonprofit entities, and other stakeholders, by posting on the Inter- net website of the Administration information on evidence-based programs and practices that have been reviewed by the Assistant Secretary in accordance with the requirements of this sec- tion. (b) Applications (1) Application period In carrying out subsection (a), the Assistant Secretary may establish a period for the sub- mission of applications for evidence-based pro- grams and practices to be posted publicly in accordance with subsection (a). (2) Notice In establishing the application period under paragraph (1), the Assistant Secretary shall provide for the public notice of such applica- tion period in the Federal Register. Such no- tice may solicit applications for evidence- based programs and practices to address gaps in information identified by the Assistant Sec- retary, the National Mental Health and Sub- stance Use Policy Laboratory established under section 290aa–0 of this title, or the As- sistant Secretary for Planning and Evalua- tion, including pursuant to the evaluation and recommendations under section 6021 of the Helping Families in Mental Health Crisis Re- form Act of 2016 or priorities identified in the strategic plan under section 290aa(l) of this title. (c) Requirements The Assistant Secretary may establish min- imum requirements for the applications sub- mitted under subsection (b), including applica- tions related to the submission of research and evaluation. (d) Review and rating (1) In general The Assistant Secretary shall review appli- cations prior to public posting in accordance with subsection (a), and may prioritize the re- view of applications for evidence-based pro- grams and practices that are related to topics included in the notice provided under sub- section (b)(2). (2) System In carrying out paragraph (1), the Assistant Secretary may utilize a rating and review sys- tem, which may include information on the strength of evidence associated with the evi- dence-based programs and practices and a rat- ing of the methodological rigor of the research supporting the applications. (3) Public access to metrics and rating The Assistant Secretary shall make the metrics used to evaluate applications under this section, and any resulting ratings of such applications, publicly available. (July 1, 1944, ch. 373, title V, § 543A, as added Pub. L. 114–255, div. B, title VII, § 7002, Dec. 13, 2016, 130 Stat. 1222.) Editorial Notes REFERENCES IN TEXT Section 6021 of the Helping Families in Mental Health Crisis Reform Act of 2016, referred to in subsec. (b)(2), is section 6021 of Pub. L. 114–255, which is set out as a note under section 290aa of this title. § 290dd–3. Grants for reducing overdose deaths (a) Establishment (1) In general The Secretary shall award grants to eligible entities to expand access to drugs or devices approved, cleared, or otherwise legally mar- keted under the Federal Food, Drug, and Cos- metic Act [21 U.S.C. 301 et seq.] for emergency treatment of known or suspected opioid over- dose. (2) Eligible entity For purposes of this section, the term ‘‘eligi- ble entity’’ means a State, Territory, locality, or Indian Tribe or Tribal organization (as those terms are defined in section 5304 of title 25). (3) Subgrants For the purposes for which a grant is award- ed under this section, the eligible entity re- ceiving the grant may award subgrants to a Federally qualified health center (as defined in section 1395x(aa) of this title), an opioid treatment program (as defined in section 8.2 of title 42, Code of Federal Regulations (or any successor regulations)), any practitioner dis- pensing narcotic drugs for the purpose of