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What are 42 CFR Part 2 regulations?
Does 42 CFR Part 2 prohibit unauthorized use or disclosure of records?
Does 45 CFR Part 164 apply to Part 2 programs?
What are the requirements of 45 CFR 164.514(B)?
The Part 2 statute (42 U.S.C. 290dd-2) protects “ [r]ecords of the identity, diagnosis, prognosis, or treatment of any patient which are maintained 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...
- Office For Civil Rights (OCR)
- When a patient has signed a consent form allowing disclosure to multiple parties, can the patient revoke consent for disclosure to one or more of those parties while leaving the rest of the consent in force?
- Does a consent form allowing for a program to disclose Part 2 information remain in effect when the disclosing program merges with another or undergoes corporate restructuring?
- May a Part 2 program disclose patient information to providers of “on-call coverage” pursuant to a Qualified Service Organization Agreement (QSOA)?
- Can a single Part 2 consent form be used to authorize patient information to be exchanged through an HIO’s system for different purposes, such as treatment, payment, disease management and/or quality improvement?
Jul 13, 2020 · The revised rule modifies several sections of Part 2 to facilitate coordination of care, disclosures, and research for SUD treatment programs. It also clarifies the applicability, consent, and emergency provisions of Part 2.
ProvisionWhat Changed?Why Was This Changed?Applicability and Re-DisclosureTreatment records created by non-Part 2 ...To facilitate coordination of care ...Disposition of RecordsWhen an SUD patient sends an incidental ...To ensure that the personal devices of ...Consent RequirementsAn SUD patient may consent to disclosure ...To allow patients to apply for benefits ...Disclosures Permitted w/ Written ConsentDisclosures for the purpose of “payment ...In order to resolve lingering confusion ...- Subpart A—Introduction. § 2.1 Statutory authority for confidentiality of substance use disorder patient records. Cross Reference. Link to an amendment published at 89 FR 12617, Feb.
- Subpart B—General Provisions. § 2.11 Definitions. Cross Reference. Link to an amendment published at 89 FR 12618, Feb. 16, 2024. For purposes of the regulations in this part
- Subpart C—Disclosures With Patient Consent. Cross Reference. Link to an amendment published at 89 FR 12625, Feb. 16, 2024. § 2.31 Consent requirements.
- Subpart D—Disclosures Without Patient Consent. Cross Reference. Link to an amendment published at 89 FR 12627, Feb. 16, 2024. § 2.51 Medical emergencies.
Jan 18, 2017 · This web page provides the full text of the federal regulation that protects the privacy of patients with substance use disorders. It covers the definitions, exceptions, disclosures, and enforcement of the regulation.
Jan 18, 2017 · SECTION 2.67. 2.67 Orders authorizing the use of undercover agents and informants to investigate employees or agents of a part 2 program in connection with a criminal matter. Title 42, part 2 of the Electronic Code of Federal Regulations.
What follows is a summary of notable changes to the Part 2 Rule. As anticipated, key changes have been made to better align many of Part 2’s provisions with HIPAA’s, specifically those concerning consent, civil money penalties, and how breaches are to be handled.
