42 CFR Part 2 and HIPAA: Sharing Behavioral Health Information in Compliance with the Law
11 AM GMT
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*Moderator: Ashley Thomas, JD, Baker Donelson, Washington, DC
*Mitchell Berger, JD, MPH, Substance Abuse and Mental Health Services Administration
*Peyton Isaac, JD, Program Analyst, HHS Office for Civil Rights
*Jennifer Lohse, JD, CHC, Hazelden Betty Ford Foundation
There is a need for attorneys across the nation to comprehend the complex details of the privacy laws and regulations associated with substance abuse and mental health treatment records to utilize best practice in the area of health law. In January 2017 and January 2018, SAMHSA finalized proposed changes to the Confidentiality of Substance Use Disorder Patient Records regulation, 42 CFR Part 2, aimed at supporting payment and healthcare operations activities while protecting the confidentiality of patients. While the updated Final Rule maintains 42 CFR Part 2 core protections, it expands how patients’ protected substance use disorder information may be shared. The Health Insurance Portability and Accountability Act (HIPAA) also affects the disclosure of patients’ substance abuse and mental health treatment records. It is essential for attorneys to comprehend how HIPAA and 42 CFR Part 2 provides important controls over how patients health information is used and disclosed through health records and health care providers.
The content of this course is based on a review of existing laws, regulations, and the HHS Office of Civil Rights’ recently published Frequently Asked Questions (FAQs) document addressing how HIPAA affects substance abuse and mental health records, the 21st Century Cures Act - Division B of the law, the “Helping Families in Mental Health Crisis Reform Act of 2016.” This course will elaborate on those FAQs and will address the impact of privacy laws, specifically 42 CFR Part 2 and HIPAA, on the practice of health law.
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