Department of Human Services Mental Health Procedures (proposed rulemaking)

On July 7, 2022, Act 32 of 2022 (Act) was signed into law, amending the Act by updating definitions and confidentiality requirements and requiring the Department of Human Services (Department) to promulgate regulations.

On May 12, 2023, the Department issued Bulletin OMHSAS-23-5, titled ''Confidentiality of Records Changes Due to Act 32 of 2022 and Aligning with Health Insurance Portability and Accountability Act of 1996'' to inform stakeholders of changes to the list of permissible disclosures and new definitions under the Act. The Department is issuing notice of proposed regulations to amend Chapter 5100 to align with Act 32 of 2022 and HIPAA requirements.

This proposed rulemaking does the following:

• Scope and policy (§ 5100.31). Aligns requirements in the chapter with Federal law.
• Nonconsensual release of information (§ 5100.32). Adds language to provide that records may be released to a covered entity or a covered entity's business associate in accordance with Federal regulations and clarifies information exchanged with entities other than the provider shall be limited to the relevant information that is requested.
• Patient's access to records and control over release of records (§ 5100.33). Directs that an individual's access to and control over the disclosure of the patient's record and information be in accordance with Federal regulations and revises language to identify the new criminal rule under Pa.R.Crim.P. 703 (relating to disclosure of pre-sentence reports).
• Consensual release to third parties (§ 5100.34) (proposed amendment to authorized release to third parties). Permits access to records upon written authorization and requires signature of a staff person who witnesses the consent and a place to record a verbal authorization.
• Records relating to drug and alcohol abuse or dependence (§ 5100.37). Aligns with the Act 33 of 2022, which amended the Pennsylvania Drug and Alcohol Abuse Control Act.
• Notice of withdrawal (§ 5100.76). Fixes an error so that  '' . . . withdraw from involuntary treatment'' is corrected to say '' . . . withdraw from voluntary treatment.''

  Lastly, the proposed regulations make technical edits, correct citations and revise outdated terminology.

  Public Comment

  Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to the department at the following address: Barry Decker, Office of Mental Health and Substance Abuse Services (OMHSAS), Commonwealth Tower, 303 Walnut Street, 11th Floor, Harrisburg, PA 17105, RA-PWMHPROCREGS@pa.gov, within 30 calendar days after the date of publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference Regulation No. 14-558 when submitting comments.

  For more information, please review the December 6, 2025 edition of the Pennsylvania Bulletin.