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Health IT Enabled QI Resource Sets
I Provide SUD Services in an FQHC: Does Part 2 Apply to Me?
HITEQ Center
/ Categories: Privacy and Security, HIPAA

I Provide SUD Services in an FQHC: Does Part 2 Apply to Me?

A Decision Tree from the Legal Action Center

This decision tree, developed through funding from the  Substance Abuse and Mental Health Services Administration (SAMHSA) helps organizations determine if Part 2 of CFR 42 applies to them.

It should be noted that FQHCs will always be designated as “federally assisted” due to certified status as Medicaid providers and/or federal funding. Under 42 CFR Part 2 (hereafter referred to as “Part 2”), a patient can revoke consent to one or more parties named in a multi-party consent form while leaving the rest of the consent in effect. In a non-Health Information Exchange (HIE) environment, this can be accomplished simply by the Part 2 program indicating on the consent form or in the patient’s record that consent has been revoked with respect to one or more named parties. In an HIE environment, the revocation with respect to one or more parties should be clearly communicated to the Health Information Organization (HIO) as well as noted in the patient’s record by the Part 2 program.

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Acknowledgements

This resource collection was cultivated and developed by the HITEQ team with valuable contributions from Chris Espersen, Espersen & Associates and Past President of Midwest Clinicians Network, Dan Tutuer, former head of Colorado's HCCN, and Dr. Jerome Osheroff, TMIT Consulting, LLC, as well as HITEQ's Advisory Committee and many health centers who have graciously shared their experiences with HITEQ.

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