Part II - Patient Consent Requirements
The 42 CFR Part 2 (“Part 2”) regulations protect the confidentiality of certain substance use disorder records by restricting the circumstances under which Part 2 Programs and lawful holders of Part 2-protected records can disclose patient records.
The Part 2 consent requirements are more strict than HIPAA. While HIPAA permits covered entities to use and disclose patient health information for treatment, payment and health operations without the patient’s consent, Part 2 requires a patient to consent in writing to the disclosure of their substance use disorder records for purposes of treatment, payment and health care operations, unless one of a limited number of exception applies. While SAMHSA’s 2020 Final Rule updated some of the consent requirements, most disclosures still require a patient consent. Health centers with a Part 2 Program must ensure they have a patient’s written consent to disclose to other health center providers for treatment purposes, to the patient’s insurance company for payment purposes, to any health information exchange and to a prescription drug monitoring program (PDMP), if such reporting is required under state law.
Part 2 Programs must also provide patients with specific notice that their records are protected by Part 2.
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
- Review the Part 2 patient notice requirements
- Compliance Officers
- Privacy Officers
- Medical Records
- Substance Use Disorder Providers
- MAT Program Directors and Staff
After this webinar, you will be able to:
- Describe the consent requirements under Part 2
- Identify strategies for incorporating the Part 2 consent requirements into your current forms and for implementing a consent process
- Develop a Part 2-compliant patient notice
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]
Participants can earn up to 1.20 CPE credits in Specialized Knowledge and Applications upon completion of all course requirements.
ATTENDEE REQUIREMENTS FOR CPE CREDIT
If you purchase CPE credit for this webinar you must satisfy the following conditions in order to receive your certificate:
- Answer at least 3 of the 5 polling questions during the webinar
- Complete the evaluation survey after the conclusion of the webinar or in the follow-up email
Upon completion of these requirements, FTLF will email you your CPE Certificate within five (5) business days.
- Prerequisites: None
- Target Audience: Compliance Officers, Privacy Officers, Medical Records, Substance Use Disorder Providers, MAT Program Directors and Staff, Operations
- Advanced Preparation: None
- Program Level: All
- Delivery Method: Group Internet Based
- Attendance Requirements: In order to be awarded the full credits, you must respond to three (3) out of five (5) polling questions.
Feldesman Tucker Leifer Fidell LLP is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website www.nasbaregistry.org (formerly www.learningmarket.org).
- 1.00 Certificate of Attendance
Access to the recorded version of this webinar is included in your purchase.
ACCESSING THE RECORDING
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