Confidentiality of Substance Use Disorder Patient Records: Complying with 42 CFR Part 2

Event Information
Product Format
Prerecorded Event
Sue Dill Calloway, RN, MSN, JD
Conference Date
Tue, Jan 29, 2019
120 minutes
Product Description

Avoid Penalties by Overcoming the Barriers to Part 42 CFR 2 Compliance

Hospitals are still struggling to comply with the law on Confidentiality of Substance Use Disorder Patient Records under 42 CFR Part 2 rule. The complicated rule affords special privacy protections to patients seeking treatment for substance abuse. It requires that anyone providing treatment to patients with a substance use disorder must know when to report violations, when special consent forms are needed, and when a minor can consent to treatment. It applies to nurses, physicians, and other healthcare staff that must know when and when not to share sensitive patient information for the purposes of treatment, payment, healthcare operations, and public health reporting. And failure to comply carries severe penalties.

Learn how to overcome the barriers to compliance and avoid penalties in this information-packed webinar by healthcare expert Sue Dill Calloway. Calloway will run through the extensive regulations, and bring you up to speed with the 42 CFR Part 2 rule for Confidentiality of Substance Use Disorder Patient Records. She will walk you through the 2018 changes regarding disclosures, audit, and evaluation, and explain how the 2018 law expands the way the protected health information (PHI) on substance use disorder patients can be shared. She will discuss what is required of Part 2 programs; the two 2018 fact sheets published by HHS; and the 2018 FAQs. You will learn when a minor can consent to the treatment of substance abuse disorder; what must be in the special consent form to release the medical records of a patient treated for substance abuse disorder in a Part 2 program; and when and to whom you should report a violation.

Calloway will also get you clear on some of the trickier compliance requirements healthcare providers like you can (and often do) face, such as:

  • What is your 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 should you do if a patient commits a crime on the property?

If your facility receives federal assistance (such as Medicare) and provides substance use disorder diagnosis, treatment, or referral, or is still struggling with compliance issues, you will find this webinar extremely useful.

After attending this webinar, you’ll be in a better position to comply with the 42 CFR Part 2 rule, thereby avoiding the risk of penalties.

Session Highlights

This webinar will bring you up to speed with:

  • Introduction and history
  • 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
  • 2018 changes: disclosures with patient consent, audit and evaluation, abbreviated notice on redisclosure, etc.           
  • Sub-regulatory guidance’s
  • Notice to patients of confidentiality requirements
  • Patient access to medical records and restrictions on use
  • Reports of violations or penalties
  • General provisions and definitions
  • Minor and deceased patients
  • 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/without consent
  • Disclosures to the criminal justice system
  • Medical emergencies
  • Court orders
  • Informants and undercover agents
  • Closing a program
  • Research
  • Audits and evaluation
  • FAQs
  • OCR and HIPAA and mental health records

Session Objectives

After attending this webinar, you will:

  • Learn that the federal law on drug and alcohol records has been rewritten and is now known as confidentiality of substance use disorder records
  • Know when a minor can consent to the treatment of 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

Who Should Attend

  • Part 2 program staff
  • Staff caring for patients in federally assisted programs and providing care and treatment to patients who have a substance use disorder (SUD)
  • Program directors
  • Risk managers
  • Health information management staff
  • Nurses
  • Physicians
  • Mid-level providers
  • Compliance officers
  • Hospital legal counsel
  • Judges and prosecutors
  • Licensed clinicians
  • Attorneys who work for the DOJ or US Attorney’s Office

Ask a question at the Q&A session following the live event and get advice unique to your situation, directly from our expert speaker.

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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 past VP of...   More Info
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