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      • 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, or directly or indirectly assisted by any department or agency of the United States.”
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  2. 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)
  3. Apr 16, 2024 · 42 CFR Part 2 RULEMAKING. Issuance of the 2022 Notice of Proposed Rulemaking. On November 28, 2022, the U.S. Department of Health & Human Services, through the Office for Civil Rights (OCR) in coordination with the Substance Abuse and Mental Health Services Administration (SAMHSA), issued a Notice of Proposed Rulemaking to revise the ...

    • Office For Civil Rights (OCR)
  4. Jul 13, 2020 · Last Updated: 08/09/2021. The 42 CFR Part 2 regulations (Part 2) serve to protect patient records created by federally assisted programs for the treatment of substance use disorders (SUD). Part 2 has been revised to further facilitate better coordination of care in response to the opioid epidemic while maintaining its confidentiality ...

    Provision
    What Changed?
    Why Was This Changed?
    Applicability and Re-Disclosure
    Treatment records created by non-Part 2 ...
    To facilitate coordination of care ...
    Disposition of Records
    When an SUD patient sends an incidental ...
    To ensure that the personal devices of ...
    Consent Requirements
    An SUD patient may consent to disclosure ...
    To allow patients to apply for benefits ...
    Disclosures Permitted w/ Written Consent
    Disclosures for the purpose of “payment ...
    In order to resolve lingering confusion ...
  5. Mar 7, 2018 · The Substance Abuse and Mental Health Services Administration has released two final rules on 42 CFR Part 2 in the past year. This webinar will help you understand the new changes, how they affect your business, and compare them with the HIPAA privacy rule.

    • 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?
  6. A Part 2 consent must include the following elements: Name or general designation of the program or person permitted to make the disclosure; Name or title of the individual or name of the organization to which disclosure is to be made; Name of the patient; Purpose of the disclosure; How much and what kind of information is to be disclosed;

  7. For over fifty years, federal law has protected the confidentiality of people who seek treatment for substance use disorders. The privacy law and its implementing regulations, 42 USC § 290dd-2, 42…

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