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Confidentiality of Substance Use Disorder Patient Records: Complying with the New Federal Law 42 CFR Part 2
- Introduction and history
- Previously called confidentiality of drug and alcohol records
- Substance use disorder patient records
- How to locate a copy of the law
- Substance use disorder data
- American Hospital Association recommendations
- Purpose and need of new law
- Who is subjected to the law under part 2
- Federally assisted and holding one out
- 2018 FR changes: Disclosures with patient consent, audit and evaluation, abbreviated notice on redisclosure, etc
- Sub-regulatory guidances will be issued
- Notice to patients of confidentiality requirements
- Patient access to medical records and restrictions on use
- Reports of violations or penalties
- General provisions
- Definitions
- Minor patient
- Deceased patient
- Security of medical records
- Restrictions on disclosure
- Crimes on the premises and child abuse reports
- Prohibitions on re-disclosure
- Relationship to state laws
- Disclosures with consent
- Disclosures to the criminal justice system
- Disclosure without consent
- Medical emergencies
- Court orders
- Informants and undercover agents
- Closing a program
- Research
- Audits and evaluation
- FAQs
- OCR and HIPAA and mental health records
Overview of the webinar
This webinar will cover the new law on law on confidentiality of substance use disorder patient records under 42 CFR part 2. This law was previously known as the confidentiality of drug abuse and alcohol abuse records. This was a very detailed law and everyone who works with substance use disorder patients, who are subject to this new law, should attend. This law was revised in 2018 and these changes will be discussed. The 2018 rule expands the way the protected health records (PHI) on substance use disorder patients can be shared. It discussed when the patient consents that substance use disorder medical records can be disclosed for payment or healthcare operations, the recipient listed in the consent form can then share the information with their contractors, sub-contractors and legal representatives. It also discusses when information can be used for audits and evaluations. It also provides for an abbreviated notice of the prohibition on redisclosure. The webinar will discuss what is required of part 2 programs. A facility that receives federal assistance (such as Medicare) and hold itself out as providing substance use disorder diagnosis, treatment, or referral must follow these extensive regulations. They address the notice that must be given to the patient. It discusses patient access to medical records and what must be in the consent form. It discusses research, closure of a program, new definitions, minors, decease patient records, security of medical records, disclosure, when disclosure is prohibited and more. If a patient is admitted to a hospital to the substance use disorder treatment floor, are you up to speed on how to comply with the many requirements of this law? What is the responsibility if the patient being treated for drug or alcohol abuse discloses he or she has abused their children? When can minors consent to treatment? When can the parents of a minor get access to their records? What is the patient commits a crime on the property? All of these questions will be answered in this webinar.
Who should attend?
Anyone who takes care of patients in a part 2 program should attend. This includes staff that takes care of patients in a program that is federally assisted and who holds themselves out as providing care and treatment to patients who have a substance use disorder (SUD). This includes the program directors, risk managers, health information management director and staff, nurses, physicians, mid level providers, compliance officers, and hospital legal counsel. It includes both inpatient and outpatient treatment facilities. It also includes judges and prosecutors. It includes clinicians who use a controlled substance for detoxification or maintenance treatment of withdrawal of a SUD who hold a DEA license. Also attorneys who work for the DOJ or US Attorney’s Office should attend.
Why should you attend?
This webinar primarily speaks about substance use disorder diagnosis, treatment, referrals and the regulations that facilities that receive federal assistances (Such as Medicare) must follow as part of the requirements of PART 2 PROGRAMS. This addresses patient access to medical records, notice to be given to patients, contents of the consent form. It also discusses research, closure of a program, minors, deceased patient records, security of the medical records, disclosure, conditions for the prohibition of disclosure etc. These are a few questions for which this a webinar will provide answers: If a patient is admitted to a hospital to the substance use disorder treatment floor, what is the responsibility if the patient being treated for drug or alcohol abuse discloses he or she has abused their children? are you up to speed on how to comply with the many requirements of this law? When can the parents of a minor get access to their records? When can minors consent to treatment? What is the patient commits a crime on the property? All of these questions will be answered in this webinar.
Faculty - Ms.Sue Dill Calloway
Sue Dill Calloway, R.N., M.S.N, J.D. is a nurse attorney and President of Patient Safety and Healthcare Consulting and Education. She is also the past Chief Learning Officer for the Emergency Medicine Patient Safety Foundation and a board member. She was a director for risk management and patient safety for five years for the Doctors Company. She was the past VP of Legal Services at a community hospital in addition to being the Privacy Officer and the Compliance Officer. She worked for over 8 years as the Director of Risk Management and Health Policy for the Ohio Hospital Association. She was also the immediate past director of hospital patient safety and risk management for The Doctors Insurance Company in Columbus area for five years. She does frequent lectures on legal, patient safety, and risk management issues and writes numerous publications.
Sue has been a medico-legal consultant for over 30 years. She has done many educational programs for nurses, physicians, and other healthcare providers on topics such as nursing law, ethics and nursing, malpractice prevention, HIPAA medical record confidentiality, emergency department patient safety and risk, EMTALA anti-dumping law, Joint Commission issues, CMS issues, documentation, medication errors, medical errors, documentation, pain management, federal laws for nursing, sentinel events, MRI Safety, Legal Issues in Surgery, patient safety and other similar topics. She is a leading expert in the country on CMS hospital CoPs issues and does over 250 educational programs per year. She was the first one in the country to be a certified professional in CMS. She also teaches the course for the CMS certification program.