42 CFR Part 2 Compliance Series
Health centers are expanding their substance use disorder services in response to the opioid epidemic:
- Training current staff;
- Hiring additional personnel;
- Developing teams dedicated to diagnosing and treating patients with substance use disorders; and
- Partnering with other organizations – from hospitals to detox programs and inpatient facilities to law enforcement and research organizations.
To support the development of these substance use disorder services, health centers are receiving substantial grant funding from HRSA, SAMHSA, and state/local governments.
Health centers are at the forefront when it comes to responding to the opioid epidemic; however, many health centers may not realize that decisions about how they provide substance use disorder services may require compliance with the federal substance use disorder confidentiality regulations at 42 CFR Part 2 (“Part 2”).
Part 2 applies to substance use disorder records which are maintained in connection with the performance of a “federally assisted Part 2 program.” Part 2 also applies to entities that are “lawful holders” of substance use disorder records from a federally assisted Part 2 program. Part 2 is more strict than HIPAA and impacts the disclosure of patient information within the health center and with treatment providers, third-party payers, health information exchanges, courts and law enforcement.
Part I - Application in the Health Center Setting
In this first webinar, FTLF attorneys will:
- Guide health centers through the process of determining whether Part 2 applies to their entire health center or to certain sites, teams, or employees;
- Discuss when health centers may be a “lawful holder” of Part 2 records; and
- Dispel the top myths about Part 2 compliance
Part II - Patient Consent Requirements
In this second webinar, FTLF attorneys will:
- Provide an overview of the consent requirements under Part 2;
- Discuss strategies for incorporating the Part 2 consent requirements into your existing HIPAA disclosure form and procedure; and
- Review the patient notice requirements.
Part III - Disclosures Without Patient Consent
In this final webinar, FTLF attorneys will provide an overview of:
- Disclosures of Part 2-protected records which are permitted without patient consent;
- Compliance requirements related to such disclosures (written agreements, documentation in patient charts, court orders and subpoenas, etc.); and,
- How to respond when receiving requests for substance use disorder records protected by Part 2.
After this webinar, you will be able to:
- Recognize when disclosures of Part 2-protected records are permitted without patient consent
- Identify compliance requirements related to such permitted disclosures
- Describe how to respond when receiving requests for substance use disorder records protected by Part 2
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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Group Attendance: Due to the online nature of webinars, we cannot verify participation by more than one person. For groups, we provide an attendance record form and blank Certificates of Attendance to record attendance at a group viewing session and document each individual's participation. We recommend that a supervisor or colleague sign the certificate to certify attendance.
Read more about maintaining an attendance record in our FAQs.
This is a private course sponsored by the Pennsylvania Association of Community Health Centers, the federally designated Primary Care Association of Pennsylvania, as a benefit for its membership. If you are a member, please contact Amy Williams for the access code. If you are not a member, but are interested in this topic, you can purchase the original webinar series here.
Once you have registered, you can re-access the webinar at any time until December 31, 2020 by clicking “My Account” in the upper right hand corner of the page or by clicking the “My Training” tab (found at the top of any page on learning.ftlf.com) and clicking on webinar title.
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