Confidentiality of Substance Use Disorder Patient Records: Complying with the New Federal Law 42 CFR Part 2

Event Information
Product Format
Prerecorded Event
Sue Dill Calloway, RN, MSN, JD
90 minutes
Product Description

Explore the New Law on Confidentiality of Substance Use Disorder Patient Records Under 42 CFR Part 2

The new law on confidentiality of substance use disorder patient records under 42 CFR part 2 became effective in 2017. This law was previously known as the confidentiality of drug abuse and alcohol abuse records. There have been further revisions to this law, effective from February 2, 2018. The 2018 rule expands the way the protected health records (PHI) on substance use disorder patients can be shared. It discusses when the patient consents that substance use disorder medical records can be disclosed for payment or healthcare operations, the recipient listed in the consent form can then share the information with their contractors, sub-contractors and legal representatives. It also discusses when information can be used for audits and evaluations. It also provides for an abbreviated notice of the prohibition on redisclosure. The new law is a very detailed law and hospitals are still struggling to determine what they need to do to meet compliance.

If a patient is admitted to a hospital to the substance use disorder treatment floor, are you up to speed on how to comply with the many requirements of this law? What is the responsibility if the patient being treated for drug or alcohol abuse discloses he or she has abused their children? When can minors consent to treatment? When can the parents of a minor get access to their records? What if the patient commits a crime on the property? Everyone who works with substance use disorder patients, who are subject to the new law, must understand its requirements.

In this session, expert speaker Sue Dill Calloway will cover the new law on confidentiality of substance use disorder patient records under 42 CFR part 2 and will provide answers to all these questions and more. This session will discuss what is required of part 2 programs. A facility that receives federal assistance (such as Medicare) and holds itself out as providing substance use disorder diagnosis, treatment, or referral must follow this extensive regulation, which addresses the notice that must be given to the patient. This session will discuss the new law in detail, including patient access to medical records and what must be in the consent form. It will discuss research, closure of a program, new definitions, minors, deceased patient records, security of medical records, disclosure, when disclosure is prohibited and more.

Session Highlights

  • Understand that the federal law on drug and alcohol records has been rewritten and is now known as confidentiality of substance use disorder records
  • Learn when a minor can consent to the treatment of a substance abuse disorder
  • Understand that a special consent form is needed to release the medical records of a patient treated for substance abuse disorder in a part 2 program
  • Understand when a report of a violation must be reported and to whom

 Session Agenda

  • Introduction and history
  • Previously called confidentiality of drug and alcohol records
  • Substance use disorder patient records
  • How to locate a copy of the law
  • Substance use disorder data
  • American Hospital Association recommendations
  • Purpose and need of new law
  • Who is subjected to the law under part 2
  • Federally assisted and holding one out
  • More rules in round two
  • Sub-regulatory guidances will be issued
  • Notice to patients of confidentiality requirements
  • Patient access to medical records and restrictions on use
  • Reports of violations or penalties
  • General provisions
  • Definitions
  • Minor patient
  • Deceased patient
  • Security of medical records
  • Restrictions on disclosure
  • Crimes on the premises and child abuse reports
  • Prohibitions on re-disclosure
  • Relationship to state laws
  • Disclosures with consent
  • Disclosures to the criminal justice system
  • Disclosure without consent
  • Medical emergencies
  • Court orders
  • Informants and undercover agents
  • Closing a program
  • Research
  • Audits and evaluation
  • FAQs
  • OCR and HIPAA and mental health records

 Who Should Attend

  • Anyone who takes care of patients in a part 2 program
  • Staff that takes care of patients in a program that is federally assisted and who holds themselves out as providing care and treatment to patients who have a substance use disorder (SUD)
  • Program directors
  • Risk managers
  • Health information management director and staff
  • Nurses
  • Physicians
  • Mid level providers
  • Compliance officers
  • Hospital legal counsel
  • Inpatient and outpatient treatment facilities
  • Judges and prosecutors
  • Clinicians who use a controlled substance for detoxification or maintenance treatment of withdrawal of a SUD who hold a DEA license
  • Attorneys who work for the DOJ or US Attorney’s Office

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About Our Speaker

Sue Dill Calloway - Hospital Coding Expert

Sue Dill Calloway, RN, MSN, JD, is the president of Patient Safety and Healthcare Consulting and Education company with a focus on medical-legal education especially Joint Commission and the CMS hospital CoPs regulatory compliance. She also lectures on legal, risk management and patient safety issues. She was a director for risk management and patient safety for five years for the Doctors Company. She was the...   More Info
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