Recorded Series: 42 CFR Part 2 Compliance
New! This updated series includes the latest changes to 42 CFR Part 2 under SAMHSA’s 2020 Final Rule (as of 9/3/20). The 2020 Final Rule updates the patient consent requirements, permits lawful holders to segregate or segment Part 2-protected records to prevent Part 2 from applying to their records, expands permitted disclosures during certain emergencies, and clarifies permitted disclosures for audits and evaluations. Effective August 14, 2020, health centers that operate Part 2 Programs should update their policies, procedures and consent forms to ensure compliance. Health centers and lawful holders should also determine whether they can implement the measures outlined in the 2020 Final Rule in order to limit the application of Part 2 to the entire record. The 2020 Final Rule provides interim and transitional standards until SAMHSA issues regulations as required by the CARES Act.
Health centers are at the forefront in responding to the opioid epidemic; however, many health centers may not realize that decisions about how they provide substance use disorder services and how they receive and store records from other substance use disorder providers may require the health center to comply 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” and to “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.
The webinar series is designed to help health centers identify if Part 2 applies to the records from their substance use disorder services or records received from other substance use disorder programs and how to comply with key components of Part 2.
- Compliance Officers
- Privacy Officers
- Medical Records
- Substance Use Disorder Providers
- MAT Program Directors and Staff
After this webinar series, you will be able to:
- Determine if Part 2 applies to your health center, certain service delivery sites, and/or specific teams or providers
- Identify the heightened consent and patient notice requirements under Part 2
- Describe when and to whom your health center may disclose Part 2-protected records without patient consent
Certificates of Attendance: We verify attendance upon completion of a webinar (live or recorded version) and will only issue certificates in the name of the account holder enrolled in the course. If you need to document attendance for someone other than the account holder, we provide blank Certificates of Attendance for a supervisor to sign and certify that a different individual viewed the course.
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.
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]