(Recorded) 42 CFR Part 2 Compliance: Disclosure Exceptions
DISCLOSURES TO AUDITORS, QUALIFIED SERVICE ORGANIZATIONS, LAW ENFORCEMENT, AND COURTS
The 42 CFR Part 2 (“Part 2”) regulations, promulgated and enforced by the Substance Abuse and Mental Health Services Administration (SAMHSA), protect the confidentiality of certain substance use disorder records, providing those records with more stringent protections than HIPAA.
Under Part 2, there are a limited number of exceptions to the patient consent requirement for disclosure, including exceptions for disclosures to auditors, qualified service organizations, law enforcement, and courts. When disclosing in these situations, Part 2 Programs must still meet specific compliance requirements. For example, auditors and qualified service organizations must agree in writing to certain compliance obligations.
In this final webinar, FTLF attorneys will provide an overview of:
- To whom Part 2 Programs may disclose substance use disorder records without patient consent;
- Under what circumstances Part 2 Program may disclose substance use disorder records without patient consent to auditors, qualified service organizations, law enforcement and courts; and
- How to properly disclose substance use disorder records.
Miss the earlier sessions? You can find the recordings for the first two webinars in the series here:
- Compliance Officers
- Privacy Officers
- Medical Records
DIANNE K. PLEDGIE
As Partner and Compliance Counsel with the firm’s health law practice group, Dianne advises health centers on implementing effective compliance programs and on addressing top compliance risk areas. Dianne counsels health centers and other organizations on developing compliance programs that include the OIG’s seven elements, respond to identified compliance risk areas and reflect the organization’s culture. Dianne also advises health centers and other organizations on patient privacy and confidentiality, including the HIPAA Privacy Rule and 42 CFR Part 2. She has experience responding to privacy and security incidents, including determining whether there has been a breach, notifying patients and the government, and creating corrective action plans. [Full Bio]
DAVID A. BENDER
David is an Associate in the Health Law and Federal Grants practice groups, David assists in matters pertaining to litigation and compliance by conducting legal research and drafting documents that further client interests. David works on a wide variety of issues affecting Federally Qualified Health Centers and other federal grantees, including those relating to the False Claims Act, the Federal Tort Claims Act, HIPAA, Medicare and Medicaid overpayments, and OMB cost principles. [Full Bio]
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