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.
Who Should Attend
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...
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