Substance Abuse Disorder Treatment:
42 CFR Function 2 and HIPAA

42 CFR Part 2 and HIPAA

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

What Regulations Apply to Substance Abuse Disorder Treatment Programs?

Substance abuse disorder handling programs are subject field to the privacy regulations imposed under 42 CFR Part ii, AND the HIPAA Privacy Rule . Covered entities must comply with each. When one regulation imposes a stricter standard than the other, the covered entity must follow the stricter standard. More often than not, 42 CFR Role 2 imposes more strict standards than does HIPAA.

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

Under the Part two general rule, providers may non disclose information in a substance abuse disorder (SUD) patient's record, unless the provider can either obtain consent, or identify an exception to the general dominion that specifically authorizes the disclosure.

When Tin Substance Corruption Disorder Medical Record Information be Disclosed under 42 CFR Function 2?

As noted above, SUD medical tape information may be disclosed if the patient consents to the disclosure.

Substance abuse disorder treatment programs nigh often make disclosures later on a patient has signed a consent course that meets the requirements of 42 CFR Part 2.  In low-cal of HIPAA, a Part 2 consent form must include the following elements:

  • Name or full general designation of the programme or person permitted to brand the disclosure;
  • Name or title of the individual or name of the arrangement 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;
  • Signature of the patient (and, in some states, a parent or guardian);
  • The date on which signed consent is given;
  • A statement that the consent is subject to revocation at any time except to the extent that the program has already acted on it; and
  • The engagement, the outcome, or condition upon which consent will expire if consent has not been previously revoked.

In add-on, when substance abuse disorder programs operating under Role 2 disclose data pursuant to a consent class, they must include a written statement that the data cannot be redisclosed.

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

  • When there is a patient medical emergency.
  • When state law requires the reporting of incidents of suspected child corruption and fail to the appropriate state or local authorities.
  • When in that location are communications from part ii program personnel to police enforcement agencies or officials which are direct related to a patient'due south commission of a law-breaking on the premises of the function 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 conduct an audit or evaluation of the role 2 program, or other lawful holder, is conducting an audit or evaluation that encompasses record review.
  • Enquiry requests.
  • When communications betwixt a role 2 programme and a qualified service organization of information are needed past the qualified service organization to provide services to the program.
  • When a valid court order authorizing disclosure and apply of patient records is issued.

What are the Differences Between When Disclosures Can be Made Nether Office two, and When Disclosures Tin be Fabricated Under HIPAA?

In that location are 2 principal differences between Role 2 substance corruption disorder disclosure limitations and the HIPAA Privacy Rule disclosure limitations.

The HIPAA Privacy Rule permits disclosures without patient consent for treatment, payment, or healthcare operations . However, for patients with substance abuse disorders, such disclosures may lead to stigma and discrimination by healthcare providers, the potential loss of insurance, and fifty-fifty loss of employment.

As noted in a higher place, Office 2 substance employ disorder treatment regulations require either that a patient consent, or that the disclosure be permitted nether a specific exception.

The 2 regulations also differ in the amount of privacy protections afforded or patient records in criminal and civil legal proceedings.

Nether HIPAA, a HIPAA-covered wellness intendance provider or health plan may share protected health information if it has a courtroom order, or, if information technology receives a valid subpoena from a party to the litigation requesting medical records. Office two's requirements are much stricter. Role 2 requires that a specific court gild authorize disclosure of SUD records. Persons having a legally recognized involvement in the disclosure – and simply those persons- may apply for the court order.

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