For much of healthcare, HIPAA sets the standards for how to manage uses and disclosures of patient information, known as Protected Health Information (PHI).
But when it comes to information related to the treatment of substance use disorders, regulations of the Substance Abuse and Mental Health Services Administration (SAMHSA) under 42 CFR Part 2 prevail, including rigorous controls on the release and re-release of patient information.
Why should you Attend: While HIPAA rules apply to all Protected Health Information, the rules under 42 CFR Part 2 place special limitations on substance use disorder-related information. HIPAA has controls on the release of health information, but once it's released under HIPAA, the information is allowed to be used according to the regulations and obligations of the receiving party.
With information under Part 2, the obligations to protect the information travel with the information, placing recipients under obligations to provide further protection under Part 2 rules.
For decades, the rules under 42 CFR Part 2 have required that each and every release of information have a consent in place, but new rules allow release to "others involved in my care," including re-release of information without a new consent.
While this new option promises to simplify the release and re-release of information, implementation requires that it be possible to report to the individual a list of parties to whom the information has been released. The accounting for these disclosures is similar to the HIPAA accounting of disclosures in principle, but applies to treatment disclosures all the way down the chain of releases.
HIPAA allows a number of disclosures, for treatment, payment, and healthcare operations purposes, without consent from the individual being treated.
SAMHSA rules, on the other hand, require consent for every disclosure or re-disclosure, and if the proper consents aren't obtained, the provider can be in violation of the rules and subject to penalties.
Areas Covered in the Session: