Substance Abuse Confidentiality Regulations
$6.00 | CE Hours:2.00 | Intermediate
CE Course Description
This CE course is intended to ensure that a patient receiving treatment for a substance use disorder (SUD) in a Part 2 program, Title 42 of the Code of Federal Regulations (CFR) Confidentiality of Substance Use Disorder Patient Records, does not face adverse consequences in relation to issues such as criminal proceedings and domestic proceedings such as those related to child custody, divorce, or employment. Part 2 protects the confidentiality of SUD patient records by restricting the circumstances under which Part 2 Programs or other lawful holders can disclose such records.
Author: Disclosure of Substance Use Disorder Patient Records. (2018). Substance Abuse and Mental Health Services Administration. The Office of the National Coordinator for Health Information Technology.
Retrieved from: https://store.samhsa.gov/
CE Course Objectives
1. Summarize what a healthcare facility must do to meet the requirements of Part 2.
2. List three common forms of directed exchange.
3. Analyze the three items the patient consent form would have to include if a healthcare facility and the HIE did not sign a QSOA.
4. Identify when an HIO can re-disclose Part 2 information without patient consent.
5. Describe how a healthcare provider would meet the definition of a Part 2 Program.
CE Outline with Main Points
1. Disclosure of Substance Use Disorder Patient Records: How Do I Exchange Part 2 Data?
a. Health Information Exchange
b. Query-Based Exchange
2. Disclosure of Substance Use Disorder Patient Records: Does Part 2 Apply to Me?
a. Scenario 1: Opioid Treatment Program
b. Scenario 2: Mixed-Use Facility
c. Scenario 3: Accountable Care Organization (ACO)
d. Scenario 4: Integrated Care Setting
3. Applying the Substance Abuse Confidentiality Regulations
a. 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?
b. 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?
c. May a Part 2 program disclose patient information to providers of "on-call coverage" pursuant to a Qualified Service Organization Agreement (QSOA)?
d. 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?
e. Does Part 2 permit a healthcare provider to disclose information without consent when there is an immediate threat to the health or safety of an individual or the public?
f. Under what circumstances can information disclosed pursuant to Part 2 be redisclosed?
g. How can a Part 2 program ensure that it will be notified that a health care provider invoked the medical emergency exception and gained access to protected Part 2 information?
h. What categories of health care professionals are considered "medical personnel" for the purpose of obtaining information during a medical emergency?
i. Can the Part 2 medical emergency exception be invoked to head off a potential medical emergency such as a potential drug interaction?
j. Do all primary care providers who prescribe controlled substances to treat substance use disorders meet the definition of a "program" under Part 2?
k. Is information generated by the provision of SBIRT (Screening, Brief Intervention and Referral to Treatment) services covered by Part 2?
l. What is Part 2's relationship to State laws?
m. Would a logon or splash page notification on an HIO's portal that contains the Part 2 notice prohibiting redisclosure be sufficient to meet Part 2's requirement that disclosures made with patient consent be accompanied by such a statement?
n. If a Part 2 program has signed QSOAs with two service providers, can those service providers redisclose Part 2 information to each other?
o. If an HIO has a QSOA with a Part 2 program and a patient signs a consent allowing a HIO affiliated provider to gain access to the patient's records through the HIO, does that patient consent allow the HIO to disclose the Part 2 information?
p. Under Part 2, can an HIO or HIO affiliated member use a consent form that generally designates the entities permitted to make disclosures of Part 2 information, and refers to the HIO's website for a list of those disclosing entities?
q. How does the Supreme Court's decision in United States v. Windsor which overturned section 3 of the Defense of Marriage Act (DOMA), affect 42 CFR Part 2?
Date Added: 2018-07-20
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