SAMHSA Seeks Comment on Proposed Changes to Address Barriers to Information Sharing

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The Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA), is seeking comments by April 11, 2016 on a proposed rule to make significant changes to 42 CFR Part 2, the Confidentiality of Alcohol and Drug Abuse Patient Records (Part 2), which governs the substance abuse records of certain federally funded alcohol and drug abuse treatment programs (Programs).

Health information exchanges (HIEs), accountable care organizations (ACOs), clinically integrated networks (CINs) and other integrated/coordinated care entities that believe the current restrictions contained in Part 2 have hampered their efforts to improve quality of care and decrease costs through integration and coordination of care should consider the proposed changes carefully to determine whether the proposed rule adequately addresses the current barriers to necessary information sharing. These entities should carefully consider whether the general designation provisions in a consent form are sufficient to permit necessary data sharing and whether implementation of the accounting-like requirements will be operationally and financially feasible.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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