Substance Abuse Disorder Treatment:
42 CFR Office 2 and HIPAA

42 CFR Part 2 and HIPAA

42 CFR Part 2 ("Part 2") is a federal regulation that requires substance abuse disorder handling providers to observe privacy and confidentiality restrictions with respect to patient records. The HIPAA Privacy Rule also limits use and disclosures of information constitute in patient records.

What Regulations Apply to Substance Abuse Disorder Treatment Programs?

Substance abuse disorder treatment programs are field of study to the privacy regulations imposed under 42 CFR Function 2, AND the HIPAA Privacy Rule . Covered entities must comply with each. When 1 regulation imposes a stricter standard than the other, the covered entity must follow the stricter standard. Generally, 42 CFR Part 2 imposes more strict standards than does HIPAA.

42 CFR Function 2's full general rule places privacy and confidentiality restrictions upon substance utilise disorder treatment records.

Under the Role 2 general dominion, providers may not disclose information in a substance abuse disorder (SUD) patient's record, unless the provider tin either obtain consent, or identify an exception to the general rule that specifically authorizes the disclosure.

When Can Substance Abuse Disorder Medical Record Information exist Disclosed under 42 CFR Office two?

Every bit noted above, SUD medical record information may be disclosed if the patient consents to the disclosure.

Substance abuse disorder treatment programs most oft make disclosures after a patient has signed a consent form that meets the requirements of 42 CFR Part 2.  In light of HIPAA, a Role 2 consent form must include the following elements:

  • Proper noun or full general designation of the plan or person permitted to brand the disclosure;
  • Name or title of the individual or proper noun of the organization to which disclosure is to be made;
  • Proper name of the patient;
  • Purpose of the disclosure;
  • How much and what kind of information is to be disclosed;
  • Signature of the patient (and, in some states, a parent or guardian);
  • The appointment on which signed consent is given;
  • A statement that the consent is subject to revocation at any time except to the extent that the plan has already acted on it; and
  • The date, the consequence, or status upon which consent will expire if consent has non been previously revoked.

In improver, when substance abuse disorder programs operating under Part 2 disclose information pursuant to a consent form, they must include a written argument that the information cannot exist redisclosed.

If consent cannot be obtained, a provider must rely upon a Part 2 exception permitting disclosure. Under Part 2, exceptions permitting disclosures include:

  • When in that location is a patient medical emergency.
  • When state police requires the reporting of incidents of suspected child abuse and fail to the appropriate country or local authorities.
  • When at that place are communications from part ii program personnel to law enforcement agencies or officials which are directly related to a patient's commission of a crime on the bounds of the part ii program or against part 2 program personnel, or to a threat to commit such a crime.
  • When an individual determined by the part two program to be qualified to bear an audit or evaluation of the part 2 programme, or other lawful holder, is conducting an audit or evaluation that encompasses tape review.
  • Research requests.
  • When communications between a part 2 program and a qualified service organization of information are needed by the qualified service organization to provide services to the program.
  • When a valid court order authorizing disclosure and use of patient records is issued.

What are the Differences Between When Disclosures Tin be Made Under Part 2, and When Disclosures Tin be Made Nether HIPAA?

There are two main differences between Role 2 substance abuse disorder disclosure limitations and the HIPAA Privacy Rule disclosure limitations.

The HIPAA Privacy Dominion permits disclosures without patient consent for treatment, payment, or healthcare operations . All the same, for patients with substance corruption disorders, such disclosures may lead to stigma and bigotry by healthcare providers, the potential loss of insurance, and even loss of employment.

As noted above, Role ii substance use disorder treatment regulations require either that a patient consent, or that the disclosure be permitted nether a specific exception.

The two regulations also differ in the amount of privacy protections afforded or patient records in criminal and ceremonious legal proceedings.

Nether HIPAA, a HIPAA-covered health care provider or health plan may share protected health information if it has a courtroom society, or, if information technology receives a valid subpoena from a party to the litigation requesting medical records. Part 2's requirements are much stricter. Part 2 requires that a specific court society qualify disclosure of SUD records. Persons having a legally recognized interest in the disclosure – and only those persons- may apply for the courtroom society.

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