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Medical Records Disclosure Requirements

McDermott+

SAMHSA Issues Final Reg Aligning 42 CFR Part 2 With HIPAA

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Last week, the Substance Abuse and Mental Health Services Administration (SAMHSA) within the US Department of Health and Human Services (HHS) issued a long-awaited final reg that aims to better align 42 CFR Part 2. This...more

Conyers

Understanding PIPA: Defining Our Individual Rights

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In this four-part series, Conyers continues diving into different topics relating to Bermuda’s privacy legislation, including: why we need privacy legislation and its purpose, how to prepare for the Personal Information...more

K&L Gates LLP

Blocking and Tackling: What Every Health Care Provider's Legal, IT, and Compliance Teams Need to Know About Information Blocking...

K&L Gates LLP on

INTRODUCTION - The Department of Health and Human Services’ Office of the National Coordinator for Health Information Technology (ONC) is responsible for the implementation of key provisions of Title IV of the 21st Century...more

Holland & Hart - Health Law Blog

Telehealth in Idaho and Elsewhere

Telehealth expanded dramatically in response to the COVID pandemic. Now that providers, patients, payers and public officials have seen the benefits, it is almost certain that telehealth will continue to play an increasingly...more

Bricker Graydon LLP

SAMHSA announces changes to substance abuse treatment records in 42 CFR Part 2

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On July 13, 2020, the Substance Abuse and Mental Health Services Administration (SAMHSA) announced changes to the Confidentiality of Substance Use Disorder Patient Records regulation, 42 CFR Part 2, effective August 14, 2020....more

Bricker Graydon LLP

COVID-19 Update: New Ohio orders require nursing homes and residential care facilities to notify residents of COVID-19 cases and...

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On April 14 and 15, 2020, Ohio Department of Health (ODH) Director Amy Acton issued two new orders mandating certain disclosures of COVID-19 case information. ...more

Holland & Hart - Health Law Blog

Use of PHI for Non-Patient Purposes

In an era of decreasing reimbursement and rapidly expanding opportunities associated with “big data”, healthcare entities may be looking for ways to monetize protected health information (“PHI”) for their own, non-patient...more

Jones Day

February 2, 2020 is Here: Are Your Agreements Compliant With the Part 2 Rule?

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The Situation: The two-year grace period for updating agreements of "lawful holders" (i.e., recipients named on patient consent forms obtained pursuant to the Part 2 Rule) with contractors, subcontractors, and legal...more

McDermott Will & Emery

SAMHSA Proposed Rule Would Reduce Barriers to Care Coordination

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SAMHSA has released a long-awaited proposed rule that would modify the federal regulations at 42 CFR Part 2 (Part 2) governing the confidentiality of substance use disorder (SUD) patient records created by federally assisted...more

Proskauer Rose LLP

HHS and SAMHSA Issue a Proposed Rule to Ease Coordination of Care for Patients with Substance Use Disorders

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On August 26, 2019, the U.S. Department of Health and Human Services ("HHS") and the Substance Abuse and Mental Health Services Administration ("SAMHSA") issued a proposed rule amending the regulations governing the...more

Mintz - Health Care Viewpoints

Part 2 Proposed Rule Brings Clarity and Reduces Regulatory Burdens for Substance Use Disorder Providers, but Challenges Remain

On August 22, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) announced a new proposed rule (the “Proposed Rule”) amending 42 CFR part 2 (“Part 2”), which is aimed at protecting patient records...more

Bass, Berry & Sims PLC

Proposed Changes Affect Privacy Protections of Patients Seeking Substance Use Disorder Treatment

On August 22, 2019, providers and other health industry participants involved in the provision of substance use disorder (SUD) services got some welcome news in the form of proposed regulatory changes. The U.S. Department of...more

Bradley Arant Boult Cummings LLP

HHS Proposes Revisions to Part 2 Regulations Governing Confidentiality of Substance Use Disorder Records - Healthcare Alert

On August 26, 2019, the Substance Abuse and Mental Health Services Administration, part of the U.S. Department of Health and Human Services (HHS), published its much-anticipated notice of proposed rulemaking to revise 42...more

Cranfill Sumner LLP

HIPAA Compliance in Response to a Subpoena

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We are frequently approached by health care providers who have received a subpoena demanding patient records for a lawsuit to which the health care provider is not a party. Often times these subpoenas arrive without warning...more

Ruder Ware

HIPAA this, HIPAA that. Everything is a HIPAA issue. Deconstructing the "HIPAA Bias."

Ruder Ware on

HIPAA, as a body of regulations protecting the confidentiality of patient health care information, has been branded very effectively. Most staff at your average health care facility know about HIPAA and that it protects the...more

Nelson Mullins Riley & Scarborough LLP

SAMHSA Final Rule Expands Permitted Disclosures of Substance Use Disorder Information to Subcontractors

The Substance Abuse and Mental Health Services Administration (SAMHSA) has issued a final rule (Rule) updating the Confidentiality of Substance Use Disorder Records, 42 CFR part 2 (Part 2), to expand the circumstances under...more

Holland & Knight LLP

New Substance Use Disorder Confidentiality Final Rules

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The federal Substance Abuse and Mental Health Services Administration (SAHMSA) published a Final Rule on January 3, 2018 making further changes to federal rules governing the confidentiality of substance use disorder patient...more

Polsinelli

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...more

Foley & Lardner LLP

Colorado Proposes New Telehealth Rules

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The Colorado Medical Board proposed updated draft guidelines for the delivery of healthcare services via telehealth, as well as remote prescribing for new patients. Recognizing that “using telehealth technologies in the...more

McDermott Will & Emery

Florida Medical Record Disclosure Law Preempted by HIPAA

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The U.S. Court of Appeals for the 11th Circuit recently ruled that a Florida law requiring nursing homes to disclose patient records of deceased patients was preempted by the Health Insurance Portability and Accountability...more

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