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Substance Abuse Confidentiality Regulations

Disclosure of Substance Use Disorder Patient Records: How Do I Exchange Part 2 Data?

1. All of the following are common forms of directed exchange, except for:

A. Direct secure messaging

B. Health information exchange

C. Point-to-point interfaces between systems

D. Web services


2. To meet the requirement of Part 2, a healthcare facility must either obtain patient consent before disclosing Part 2 patient-identifying information to the HIE or execute a Qualified Service Organization Agreement with the HIE.

A. True

B. False


3. If the HIE is considered a qualified service organization:

A. Part 2 Programs at the healthcare facility would not need patient consent to disclose patient information to the HIE.

B. Providers participating in the HIE would not need the patient’s consent to view their SUD patient records.

C. Part 2 Programs at the healthcare facility would not need patient consent to disclose patient information to the HIE and providers participating in the HIE would not need the patient’s consent to view their SUD patient records.

D. Part 2 Programs at the healthcare facility would need patient consent to disclose patient information to the HIE and providers participating in the HIE would need the patient’s consent to view their SUD patient records.


4. If a healthcare facility and the HIE did not sign a QSOA, the patient consent form would have to include:

A. The name of the HIE.

B. The name of a specific individual and/or organization participating in the HIE.

C. A general designation of individuals / entities that have a treating provider relationship with the patient.

D. The patient consent form would have to include the name of the HIE, the name of a specific individual and/or organization participating in the HIE, and a general designation of individuals / entities that have a treating provider relationship with the patient.


5. If a patient used a general designation, the consent form would have to include a notice stating that the patient understands that upon written request, he/she must be provided with a  list of entities to which his/her information has been disclosed within the past five years.

A. True

B. False


Disclosure of Substance Use Disorder Patient Records: Does Part 2 Apply to Me?

6. To share a patient’s records with their primary care provider, a doctor at a treatment center would need to obtain written consent from the patient.

A. True

B. False


7. The patient’s information needs to be accompanied by a notice of prohibition on re-disclosure so that their primary care provider recognizes the information as Part 2-protected and does not further disclose the information without the patient’s consent.

A. True

B. False


8. For a healthcare provider to meet the definition of a Part 2 Program, the provider must work at a general medical facility where their primary function is for the provision of _____ for treatment of patients with SUDs.

A. Diagnosis

B. Treatment

C. Referral

D. A provider must work at a general medical facility where their primary function is for the provision of diagnosis, treatment, or referral for treatment of patients with SUDs


9. Part 2 allows for a healthcare provider that only treats patients with an SUD to disclose non-SUD information to another healthcare professional treating the patient without the patient’s consent.

A. True

B. False


10. If a healthcare facility is a mixed-use facility that provides services other than diagnosis, treatment, or referral for treatment for an SUD, Part 2 permits providers at the facility to acknowledge someone is a patient without the patient’s consent.

A. True

B. False


11. As long as a healthcare professional is registered with the DEA to prescribe controlled substances for the treatment of OUD and has received a physician waiver from SAMHSA to prescribe buprenorphine, they meet the definition of a Part 2 Program.

A. True

B. False


Applying the Substance Abuse Confidentiality Regulations

12. Under 42 CFR Part 2, a patient can revoke consent to one or more parties named in a multi-party consent form while leaving the rest of the consent in effect.

A. True

B. False


13. Part 2 prohibits a patient from revoking consent orally and requires revocation to be in written form.

A. True

B. False


14. The QSOA does which of the following?

A. It authorizes communication between a Part 2 program and the entity providing the service.

B. It authorizes disclosure of all patient information.

C. It permits a QSO to re-disclose information to a third party without the third party being a contract agent of the QSO.

D. The QSOA authorizes communication between a Part 2 program and the entity providing the service, authorizes disclosure of all patient information, and permits a QSO to re-disclose information to a third party without the third party being a contract agent of the QSO.


15. If a QSOA exists between a Part 2 program and an HIO for services rendered to the program by the HIO, the QSOA would allow the HIO to re-disclose that information to a third part like providers of “on-call coverage.”

A. True

B. False


16. An HIO can re-disclose Part 2 information without patient consent to providers of “on-call coverage” who are part of the Part 2 program or of an entity having direct administrative control over the program, as long as the on-call providers need the information in connection with the duties that arise out of the provision of diagnosis, treatment, or referral for treatment services.

A. True

B. False


17. Part 2 permits disclosures to persons and organizations authorized to conduct audits and evaluation activities, but imposes limitations by requiring any person or organization conducting the audit or evaluation to agree in writing that it will re-disclose patient identifying information for all of the following reasons, except for:

A. Back to the program.

B. Pursuant to a court order to investigate or prosecute the program.

C. Pursuant to a court order to investigate or prosecute the patient.

D. To a government agency that is overseeing a Medicare or Medicaid audit or evaluation.


18. Concern alone about potential drug interaction is sufficient to meet the standards of a medical emergency and patient consent is therefore not needed.

A. True

B. False


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