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What is 42 CFR Part 2 (Part 2)?
Does 42 CFR Part 2 prohibit unauthorized use or disclosure of records?
Is my record protected by federal confidentiality rules?
What are the key updates to 42 CFR Part 2?
With this final rule, HHS is implementing the confidentiality provisions of section 3221 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (enacted March 27, 2020), which require the Department to align certain aspects of Part 2 with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Rules and the Health ...
- Office For Civil Rights (OCR)
Jan 18, 2017 · LII. Electronic Code of Federal Regulations (e-CFR) Title 42—Public Health. CHAPTER I—PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES. SUBCHAPTER A—GENERAL PROVISIONS. PART 2—CONFIDENTIALITY OF SUBSTANCE USE DISORDER PATIENT RECORDS.
- 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 · Part 2 has been revised to further facilitate better coordination of care in response to the opioid epidemic while maintaining its confidentiality protections against unauthorized disclosure and use. Fact Sheet: SAMHSA 42 CFR Part 2 Revised Rule | SAMHSA
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.
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.
HEALTH INFORMATION AND DATA SHARING. Fact Sheet. Summary of 42 CFR Part 2, Confidentiality of Substance Use Disorder Patient Records, Final Rule. Summary of notable changes to the Part 2 rule.
42:1.0.1.1.2.1Subpart ASubpart A - Introduction42:1.0.1.1.2.1.1.1SECTION 2.142:1.0.1.1.2.1.1.2SECTION 2.242:1.0.1.1.2.1.1.3SECTION 2.342:1.0.1.1.2.1.1.4SECTION 2.4
