New guidelines from SAMHSA released in July 2020 are designed to improve coordination of care for patients in treatment for substance disorder, while protecting confidentiality against unauthorized disclosure and use of patient information. View this HITEQ webinar on changes to SAMHSA’s 42 CFR Part 2 rule (Part 2) which protects individuals receiving substance use disorder treatment by defining privacy and security requirements for written, electronic and verbal information. This webinar features expert presenters from the University of New Hampshire Institute for Health Policy and Practice and the Center of Excellence for Protected Health Information who present on the new final Part 2 rule and future changes in the CARES Act, including what has changed, what has not changed, what this means for health centers in regard to consents and disclosures, and the implications for care coordination. This presentation also addresses privacy considerations for tele-behavioral health and exceptions during the state of emergency waiver.

We are adding additional telehealth policy information relevant to coronavirus/ COVID-19 pandemic as it impacts health centers as it becomes available.

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.

The timely exchange of health information between behavioral health providers and physical health providers to support care coordination is a critical element of the National Quality Strategy and health reform efforts. However, privacy and confidentiality concerns are currently limiting the inclusion of behavioral health data in electronic health information exchange efforts.

Patient privacy and confidentiality form a crucial component of the patient-doctor treatment relationship, particularly when seeking treatment for mental health or substance use disorders. Multiple federal privacy laws, in addition to state laws, provide privacy protections for mental health and substance use disorder treatment records, while permitting communication of these records to other healthcare providers, patients’ families, and others.

In the face of these overlapping laws, it can be difficult for patients, their families, and health professionals to understand: What exact information can be shared, with whom, and at what times? This resource aims to assist with these determinations.

Health centers are actively expanding the substance use treatment services they offer in the community to address access to care for opioid use disorders, and more broadly to address better screening, referral and timely access to all substance use disorder (SUD) treatment. The downloadable case study below is an example of how a health center is assessing operations to comply with 42 CFR Part 2, with a particular focus on changes to their health information technology (IT) systems.

Frequently Asked Questions (FAQs) and Fact Sheets regarding the Substance Abuse Confidentiality Regulations. 

Two fact sheets include: 

• Disclosure of Substance Use Disorder Patient Records: Does Part 2 Apply to Me?
  • This fact sheet explains a 42 CFR Part 2 Program and how healthcare providers can determine how Part 2 applies to them.
• Disclosure of Substance Use Disorder Patient Records: How Do I Exchange Part 2 Data?
  • This fact sheet describes how 42 CFR Part 2 applies to the electronic exchange of healthcare records with a Part 2 Program.

FAQs about Applying the Substance Abuse Confidentiality Regulations, answers provided by Substance Abuse and Mental Health Services Administration (SAMHSA)

Is your organization looking for a way to electronically manage patient consent that complies with 42 CFR Part 2?

This webinar provided the following:

• A brief background and consent requirements related to 42 CFR Part 2
• Examples in which SAMHSA’s online consent management application called Consent2Share meets the consent requirements electronically

Click here to view webinar FAQ

The conference will explore the history and recent changes of 42 CFR Part 2, review common definitions, and how the changes may affect integrated medication-assisted treatment (MAT) and Screening, Brief Intervention, and Referral to Treatment (SBIRT) programs, and discussion on LifeLong Medical Care’s experience.

This is a recent presentation by the Substance Abuse and Mental Health Services Administration's Health IT effort that provides an overview of their Consent2Share project. Consent2Share is a tool for consent management and data segmentation that is designed to integrate within existing electronic health record (EHR) and Health Information Exchange (HIE) systems.

This overview is provided to health center leadership and staff to help them better understand new practices and technologies in the field that can assist in compliance with HIPAA 42 CFR Part 2 regulations when trying to participate in health information exchange activities.

This guide provides examples and overviews of patient portal considerations for minors as it relates to Meaningful Use, HIPAA. state consent laws and associated policies. The articles and presentations included for download and linked to from related websites include use cases and examples from multiple states and national level guidelines.

Privacy and confidentiality concerns are currently limiting the inclusion of behavioral health data in electronic health information exchange efforts. ONC has provided a number of tools and recommendations to address some of these concerns.