Consents and 42 CFR Part 2 - New Rules for Re-Release of Substance Use Disorder Information

Why Should You Attend:

When substance use disorder treatment information is involved, you need to know how to distinguish it from the “regular” health information, to be able to cover the relevant extra protections. If it is rarely dealt with in your organization, you may be able to use the functions in your EHR to flag the information. And the substance information you take may or may not be under SAMHSA based on whether you have a department or not, or even a response team that specializes in SAMHSA-related situations. It is important for you to understand your status under the rules prior to releasing information inappropriately. What qualifies treatment that falls under SAMHSA will be discussed in this webinar.

If your organization offers services that create information that is under the SAMHSA regulations, you will need to set up the consent and release of information processes that are required to be followed for information releases under 42 CFR Part 2. This involves getting the proper consents upon establishment of the relationship, as well as managing consents for releases that may be necessary after the initial establishment of the relationship. The session will include an explanation of the consent and release requirements that have to be followed.

When you release information under HIPAA, there are no special notices required to be placed on the records. But when you release information under SAMHSA, each document must have a notice that details that re-disclosure is not permitted without a new consent. Complicating matters are updated rules that allow a consent that permits a re-release to a defined team of providers caring for the individual, but then require meticulous documentation of to whom the information has been released under such a consent. The session will go over the rules on consents and re-release of information. Mishandling such consents can result in significant penalties.

Areas Covered in the Webinar:

• What HIPAA allows, what SAMHSA requires, and the differences will be explained.
• How to determine if the services you provide place you under FERPA or 42 CFR Part 2.
• Exploring the means for making sure substance abuse treatment information receives the appropriate protections.
• The consent and release requirements under HIPAA and 42 CFR Part 2 will be explained.
• Re-release of information released under 42 CFR Part 2 under the new rules will be discussed.
• Requirements for providing an accounting of disclosures of Part 2 information will be explained.
• Sharing of information with family and friends in an overdose incident will be explored.

Who Will Benefit:

This webinar will provide valuable assistance to all personnel in:

Social Service Agencies, Medical offices, practice groups, hospitals, academic medical centers, insurers, business associates (shredding, data storage, systems vendors, billing services, etc). The titles are

• Compliance director
• CEO
• CFO
• Privacy Officer
• Security Officer
• Information Systems Manager
• HIPAA Officer
• Chief Information Officer
• Health Information Manager
• Healthcare Counsel/lawyer
• Office Manager
• Contracts Manager