(Recorded Webinar) 42 CFR Part 2: SAMHSA's 2020 Rule
The Substance Abuse and Mental Health Services Administration (“SAMHSA”) recently issued changes to the regulations governing the Confidentiality of Substance Use Disorder (SUD) Patient Records (“42 CFR Part 2” or “Part 2”). Part 2 provides additional confidentiality protections for certain SUD records, requiring a patient’s written consent to disclose their SUD records for treatment, payment, and health care operations, unless one of the very narrow exceptions applies. In responding to the opioid epidemic, many health centers developed SUD services in such a way that Part 2 applies to some or all of their patients records.
The 2020 Final Rule is the third set of changes to Part 2 in the past 36 months and, under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), additional changes are expected in order to align Part 2 with HIPAA. These regulatory changes are SAMHSA’s attempt to keep pace with advances in the health care delivery system and to respond to the opioid epidemic; however, many Part 2 Programs and other providers are struggling to keep pace with the regulatory changes.
In this webinar, we will review the major changes under the 2020 Final Rule and suggest activities that Part 2 Programs and other providers can undertake to ensure compliance by the August 14, 2020 effective date. We will discuss the additional flexibilities for disclosing and receiving Part 2 records under the 2020 Final Rule. We will also provide a brief overview of the CARES Act changes (going into effect after March 27, 2021) so that attendees can determine whether to implement the optional provisions of the 2020 Final Rule or wait until SAMHSA issues the CARES Act regulations for Part 2.
- Leadership team members
- Clinical staff, including SUD providers and behavioral health providers
- Compliance Officers and Risk Managers
- HIPAA Privacy and Security Officers
After this webinar, you will be able to:
- Identify the Part 2 Program documents that require updating to comply with the 2020 Final Rule
- Describe how a non-Part 2 Program (including parts of a health center that are “non-Part 2 Programs”) can record information received from a Part 2 Program so that its records do not become subject to Part 2
- Understand how SAMHSA has attempted to align Part 2 with HIPAA and the additional changes expected under the CARES Act
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]
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