BACKGROUND - As we noted in prior health care alerts in 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) significantly overhauled the federal law that governs the confidentiality of substance use...more
As we previously reported, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) overhauled 42 U.S.C. §290dd–2, commonly referred to as “part 2.” Part 2 regulates the confidentiality of substance use disorder...more
This week’s episode is the second in an ongoing series focusing on recent efforts by the Substance Abuse and Mental Health Services Administration (SAMHSA) to update 42 C.F.R. Part 2 (Part 2) regulations related to the...more
10/17/2019
/ Confidential Information ,
Consent ,
Health Care Providers ,
Healthcare Facilities ,
Medical Records ,
Mental Health ,
Opioid ,
Patient Privacy Rights ,
Pharmaceutical Industry ,
Pharmacies ,
Podcasts ,
Prescription Drugs ,
Proposed Rules ,
SAMHSA ,
Substance Abuse
For the third time in as many years, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) has proposed revisions to the Confidentiality of Substance Use Disorder Patient Records regulations at 42 C.F.R....more
This episode is the first in a series focusing on recent efforts by the Substance Abuse and Mental Health Services Administration (SAMHSA) to update 42 C.F.R. Part 2 (Part 2) regulations related to the confidentiality of...more
10/8/2019
/ Confidential Information ,
Data Privacy ,
Data Use Policies ,
Electronic Medical Records ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Manufacturer Liability ,
Medical Records ,
Mental Health ,
Multidistrict Litigation ,
Municipalities ,
Opioid ,
Patient Privacy Rights ,
Pharmaceutical Industry ,
Prescription Drugs ,
Proposed Legislation ,
Proposed Rules ,
Regulatory Agenda ,
SAMHSA ,
Substance Abuse
In the second episode of our series on the national opioid crisis, Gina Bertolini discusses the overlay of recent guidance concerning privacy laws such as the Health Insurance Portability and Accountability Act (HIPAA) and...more
3/1/2018
/ Confidential Information ,
Decision-Making Process ,
Department of Health and Human Services (HHS) ,
Diminished Capacity ,
Documentation ,
Drug & Alcohol Abuse ,
Final Rules ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Information Sharing ,
Medical Records ,
OCR ,
Opioid ,
PHI ,
Physician-Patient Confidentiality ,
Prior Authorization ,
SAMHSA ,
Substance Abuse ,
Trump Administration
Background - As many health care practitioners, health information management professionals, and health lawyers know, balancing patients’ privacy interests with the need to access accurate, up-to-date medical information can...more