For much of healthcare, HIPAA sets the standards for how to manage uses and disclosures of patient information, known as Protected Health Information (PHI). But when it comes to information related to the treatment of substance use disorders, regulations of the Substance Abuse and Mental Health Services Administration (SAMHSA) under 42 CFR Part 2 prevail. These rules apply to information collected under SAMHSA, which may be difficult to separate from “regular” PHI in your records, and there are special rules for disclosure and re-disclosure of substance abuse treatment information.
Today we are in the midst of an epidemic of substance use disorders, and particularly opioid abuse, and more and more providers are involved in providing treatment to people with substance use disorders. When substance use disorders are involved, the rules of SAMHSA under 42 CFR Part 2 come into play. But who is covered under the rules, what’s involved in meeting them, and how do they interact with HIPAA? HIPAA allows a number of disclosures, for treatment, payment, and healthcare operations purposes, without consent from the individual being treated. SAMHSA rules, on the other hand, require consent for every disclosure or re-disclosure, and if the proper consents aren’t obtained, the provider can be in violation of the rules and subject to penalties.
During session, our expert Jim Seldon-Dean, will provide in-depth review of significant changes to the Part 2 rules that make some sharing of information for treatment purposes easier and key issues, and the future of Part 2 information handling, in this important session.
- Learn how the rules on Substance Use Disorder information can affect records storage and release processes, and how the HIPAA and SAMHSA rules are different and similar
- Understand significant differences between the HIPAA and 42 CFR Part 2 rules
- Understand your status under the rules before releasing information inappropriately
- What qualifies as treatment that falls under SAMHSA
- Know the rules on consents and re-release of information
- Review recent significant changes to the rules and expected changes under new law
Areas Covered in the Session:
- What HIPAA allows, what SAMHSA requires, and the differences
- Determination of the services under 42 CFR Part 2
- Substance abuse treatment information protections
- The consent and release requirements under HIPAA
- The consent and release requirements under 42 CFR Part 2
- Re-release of information released under 42 CFR Part 2
- Sharing of information with family and friends in an overdose incident
- Requirements for providing an accounting of disclosures of Part 2 information
- Challenges in managing mixed records with Some Part 2 and some non-Part 2 data
Who Should Attend:
- Healthcare CEOs
- Healthcare CFOs
- Compliance directors
- Privacy Officers
- Security Officers
- Information Systems Managers
- HIPAA Officers
- Chief Information Officers
- Health Information Managers
- Healthcare Counsel/lawyers
- Office Managers
About the Presenter:
Jim Sheldon-Dean is the founder and director of compliance services at Lewis Creek Systems, LLC, a Vermont-based consulting firm founded in 1982, providing information privacy and security regulatory compliance services to a wide variety of healthcare entities. He is a frequent speaker regarding HIPAA, including speaking engagements at numerous regional and national healthcare association conferences and conventions and the annual NIST/OCR HIPAA Security Conference. Jim Sheldon-Dean has more than 36 years of experience in policy analysis and implementation, business process analysis, information systems and software development, and eight years of experience doing hands-on medical work as a Vermont certified volunteer emergency medical technician. Sheldon-Dean received his B.S. degree, summa cum laude, from the University of Vermont and his master’s degree from the Massachusetts Institute of Technology.
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