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  1. Fact Sheet 42 CFR Part 2 Final Rule. Date: February 8, 2024. On February 8, 2024, the U.S. Department of Health & Human Services (HHS) through the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office for Civil Rights announced a final rule modifying the Confidentiality of Substance Use Disorder (SUD) Patient Records ...

    • Office For Civil Rights (OCR)
  2. Electronic Code of Federal Regulations (e-CFR): Title 42—Public Health. CFR. prev | next. CHAPTER I—PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES (Subchapters A - M) CHAPTERS II–III [RESERVED] CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (Subchapters A - I)

  3. 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 ...
    • 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?
  4. 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)
  5. On February 16, 2024, a final rule revising the federal regulations governing the Confidentiality of Substance Use Disorder Patient Records, 42 CFR Part 2 (Part 2), was released by the Substance Abuse and Mental Health Services Administration (SAMHSA), U.S. Department of Health and Human Services.

  6. Title 42. 42:1. Public Health--Volume 1. 42:1.0.2. CHAPTERS II-III [RESERVED] PARTS -. 42:1.0.1. CHAPTER I - PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES.

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