Significant Proposed Changes Seek to Modernize Regulations on Confidentiality of Drug and Alcohol Abuse Patient Records Under Part 2

Significant Proposed Changes Seek to Modernize Regulations on Confidentiality of Drug and Alcohol Abuse Patient Records Under Part 2

Mar 29, 2016

Client Alert

Brownstein Client Alert, March 29, 2016

On February 9, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) published proposed rule changes relating to the confidentiality of drug and alcohol abuse patient records in 42 CFR Part 2 (“Part 2”).  The proposed changes are intended to update and modernize the regulations, which have not been substantively updated since 1987. Most notably, in the past 25 years, health care in the United States has become more integrated and digitized, and SAMHSA “wants to ensure that patients with substance abuse disorders have the ability to participate in, and benefit from new integrated health care models without fear of putting themselves at risk of adverse consequences” such as loss of employment, loss of housing, loss of child custody, discrimination by medical professionals and insurers, arrest, prosecution, and incarceration. The proposed changes would significantly alter how facilities subject to Part 2 must comply with the regulations in the modern age of health care technology, integration and delivery. 

This alert summarizes the most significant proposed changes, including: 

  • General Medical Practice Applicability
  • Disclosures and List of Disclosures
  • Electronic Records
  • Consent
  • Prohibitions on Re-disclosure
  • Medical Emergency
  • Clinical Research
  • Audits and Evaluations

Click on above PDF to read the entire article.

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