Click the Sign button and make an electronic signature. Comparison of 42 CFR Part 2 and HIPAA Protected Information Both 42 CFR Part 2 and HIPAA protect patient identifying information, 42 CRF Part 2 only protects information that identifies an individual as being a patient in a drug or alcohol program or has having a drug or alcohol problem whereas HIPAA protects any health information that identifies an individual. This session will explain how HIPAA and 42 CFR Part 2 are similar and how theyre different, and what are the additional considerations when substance use disorder information is involved focuses on the issues of managing health information when it If a CE is designated at Part 2, the next step should be to determine a course of action if substance abuse treatment records reside in their electronic health record (EHR) system. Re-release of information released under 42 CFR Part 2 under the new rules will be discussed. Indicate the date to the record with the Date feature. Improper sharing of a patient's addiction treatment information can lead to: negative perceptions and discrimination; criminal of Justice (DOJ) Criminal penalty $500 for first offense $5000 for subsequent offenses (42 CFR 2.3) Might be subject to private lawsuit, e.g., Covered Entities (CE) first should explore and understand whether they are subject to 42 CFR Part 2 and its governance under the Substance Abuse and Mental Health Services Administration (SAMHSA). The HHS confirmed that a federally assisted substance use disorder program may only disclose patient identifying information with the individuals written consent, as part of a court order, or under a few limited exceptions. A CLOSER LOOK AT 42 Debating 42 CFR Part 2 Reform Reforming 42 CFR Part 2 has been a hot topic in recent years across substance use disorder stakeholders, including SAMHSA, the insurance industry, legal disciplines, and state welfare departments. Segmentation or holding a part of any Part 2 patient record previously received can be used to ensure that new records created by non-Part 2 providers will not become subject to Part 2. For decades, the rules under 42 CFR Part 2 have required that each and every release of information have a consent in place, but new rules allow release to "others involved in my care," including re-release of information without a Part 2 PART 2 - CONFIDENTIALITY OF SUBSTANCE USE DISORDER PATIENT RECORDS Authority: 42 U.S.C. Key Provisions of 42 U.S.C. Context: 42 CFR Part 2 The law and regulations were written during a time of great concern about the potential use of substance use disorder information against an individual. Under the Part 2 general rule, providers may not disclose information in a substance abuse disorder (SUD) patients record, unless the provider can either obtain consent, or identify an exception to the general rule that specifically authorizes the disclosure. See 2.12(e)(1) for examples. 2.2 Part 2 is updated and accurate. Substance Use Disorder Confidentiality and Updates to 42 CFR Part 2: A Two-Part Series SUD Confidentiality: Overview and Update for SOR and SUD Providers, Part 1 February 2021 Recording By: Lucy C. Hodder, JD Lucy.Hodder@ Title 42: Public Health PART 2CONFIDENTIALITY OF SUBSTANCE USE DISORDER PATIENT RECORDS Subpart AIntroduction 2.1 Statutory authority for confidentiality of substance use disorder patient records. Title 42, part 412 of the Electronic Code of Federal Regulations. FAQs About 42 CFR Part 2 PHI regulations protect patient privacy, give you flexibility to provide the best possible treatment, and help clarify the boundaries in protecting and sharing patient information. Be sure the data you fill in Release Of Information For 42 C.F.R. 42 CFR part 2 Enforced by Dept. Part 2 program director means: (1) In the case of a part 2 Summary of the Rule (Title 42 CFR Part 2 - Confidentiality of Alcohol and Drug Abuse Patient Records) Generally, a program may disclose any information about a patient if the patient authorizes the disclosure by signing
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