The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. An identified unit within a general medical facility that holds itself as providing, and provides, substance use disorder diagnosis, treatment or referral treatment; or, 3. here. This content is from the eCFR and may include recent changes applied to the CFR. Electronic Code of Federal Regulations (e-CFR) Title 42 - Public Health; . It is not an official legal edition of the CFR. eCFR :: 42 CFR Part 488 -- Survey, Certification, and Enforcement Add 165.T05-0234 . (ii) Subject to the HHS regulations regarding the protection of human subjects (45 CFR part 46), and provides documentation either that the researcher is in compliance with the requirements of 45 CFR part 46, including the requirements related to informed consent or a waiver of consent (45 CFR 46.111 and 46.116) or that the research qualifies . We recommend you directly contact the agency associated with the content in question. The eCFR is displayed with paragraphs split and indented to follow Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. In the case where Part 2 information is made available to an HIO, whether through a QSOA or written patient consent, the consent form allowing the HIO to redisclose the Part 2 information must identify by name or general designation the Part 2 program(s) as the entity permitted to make the disclosure of the Part 2 information. is available with paragraph structure matching the official CFR 42 CFR 2.12 - Applicability. | Electronic Code of Federal Regulations Accordingly, primary care providers who do not work in general medical care facilities meet Part 2s definition of a program if their principal practice consists of providing alcohol or drug abuse diagnosis, treatment or referral for treatment, and they hold themselves out as providing the same. A QSOA is a two-way agreement between a Part 2 program and the entity providing the service, in this case the provider of on-call coverage. If you have questions or comments regarding a published document please Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. An individual or entity who holds itself out as providing,and provides, substance use disorder diagnosis, treatment,or referral for treatment; or, 2. Such a consent form may already exist if the patient previously signed a Part 2 consent form allowing the HIO to disclose Part 2 information to HIO affiliated health care providers and the provider seeking access is listed as a recipient on that form. against program personnel. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. When a patient has signed a consent form allowing disclosure to multiple parties, can the patient revoke consent for disclosure to one or more of those parties while leaving the rest of the consent in force? 1320d-5 and 42 U.S.C. (2) Who at the request of a law enforcement agency or official observes one or more patients or employees of the part 2 program for the purpose of reporting the information obtained . (3) Include such other measures as are necessary to limit disclosure for the protection of the patient, the physician-patient relationship and the treatment services; for example, sealing from public scrutiny the record of any proceeding for which disclosure of a patient's record has been ordered. 42 CFR 2.12(c)(3) does not restrict communications between and among such personnel who have a need for the information in connection with their duties arising out of the provision of diagnosis, treatment or referral for treatment services. Substance Abuse Confidentiality Regulations | SAMHSA the hierarchy of the document. Therefore, a new consent form (e.g. An order under this section may be entered only if the court determines that good cause exists. Choosing an item from The Code of Federal Regulations (CFR) . Public Health Service, Department of Health and Human Services, Confidentiality of Substance Use Disorder Patient Records, https://www.ecfr.gov/current/title-42/chapter-I/subchapter-A/part-2/subpart-B/section-2.13. However, if a patient signs a consent form authorizing the HIO, which has received the disclosed information from the Part 2 program, to redisclose the Part 2 information to a HIO affiliated member, then the Part 2 information can be redisclosed by the HIO. (eg: Subpart DDisclosures Without Patient Consent 2.51 Medical emergencies. For additional information, see FAQ Number 10 of the 2010 FAQs published by SAMHSA and the ONC at: Applying the Substance Abuse Confidentiality Regulations to Health Information Exchange (HIE) (PDF | 381 KB). Part 2 continues to prohibit law enforcement's use of SUD patient records in criminal prosecutions against patients, absent a court order. 01.3. 49 CFR 172.101 The privacy law and its implementing regulations, 42 USC 290dd-2, 42 CFR Part 2, are commonly referred to together as "Part 2." Please do not provide confidential If you have questions or comments regarding a published document please by Helen Oscislawski | Aug 21, 2020 | 42 CFR Part 2, Data Breach Laws, Legislation & Rulemaking. On June 26, 2013, in United States v. Windsor, the Supreme Court held that section 3 of the Defense of Marriage Act (DOMA), which prohibited federal recognition of same-sex spouses/marriages, was unconstitutional. A logon page is the page where a user logs onto a computer system; a splash page is an introductory page to a web site. 4. Any disclosure made under the regulations in this part must be limited to that information which is necessary to carry out the purpose of the disclosure. PDF 41506 Federal Register /Vol. 88, No. 122/Tuesday, June 27 - GovInfo 264 of . The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Court ordered disclosures: Under the regulations, Part 2 programs or any person having a legally recognized interest in the disclosure which is sought may apply to a court for an order authorizing disclosure of protected patient information [42 CFR 2.64]. Additional information about disclosures in medical emergencies is found in FAQs Numbered 5, 7, and 9. 42 CFR 2.11 - Definitions. Cite this Code: CFR To cite the regulations in this volume use title, part and section num-ber. Reports of child abuse and neglect: The restrictions on disclosure do not apply to the reporting under State law of incidents of suspected child abuse and neglect to the appropriate State or local authorities. 13. (2) An opportunity to file a written response to the application, or to appear in person, for the limited purpose of providing evidence on the statutory and regulatory criteria for the issuance of the court order as described in 2.64(d). The in-page Table of Contents is available only when multiple sections are being viewed. Thus, 2.20 provides that, If a disclosure permitted under these regulations is prohibited under State law, neither these regulations nor the authorizing statutes may be construed to authorize any violation of that State law.. Part 2 program means a . This applies regardless of whether the couple now lives in a jurisdiction that recognizes same-sex marriage or a jurisdiction that does not recognize same-sex marriage. May a Part 2 program disclose patient information to providers of on-call coverage pursuant to a Qualified Service Organization Agreement (QSOA)? Part 2s consent provision requires that a consent form include the specific name or general designation of the program or person permitted to make the disclosure [42 CFR Part 2, 2.31(a)(1)]. Since on-call coverage arrangements are fluid and the identity of the health care provider who is providing the on-call coverage might not be known, the designation of the recipient could be the health care provider who is providing on-call coverage for the ABC treatment program. By designating the recipient as the on-call coverage provider, the requirement that the recipients name or title be listed would be met. Organization and Purpose This contact form is only for website help or website suggestions. 6. 16. If you have questions for the Agency that issued the current document please contact the agency directly. If you work for a Federal agency, use this drafting 15. 1. The table of contents, as reflected in the e-CFR updated February 19, 2014, is as follows: The application may be filed separately, as part of an application for a subpoena or other compulsory process, or in a pending criminal action. The rule will go into effect on August 14, 2020. See 42 C.F.R. While oral revocations must be honored under Part 2, SAMHSA recommends the entity obtaining the revocation get it in writing and/or document the revocation in the patients record. You can learn more about the process The QSO, in this case the lab, would not be allowed to redisclose lab results about the Part 2 programs patient to another QSO such as an HIO, even if the HIO has also signed a QSOA with the Part 2 program. 290dd-2 (c)) applies to any information, whether or not recorded, which is drug abuse information obtained by a federally assisted drug abuse program after March 20, 1972 (part. It should be noted that concern alone about potential drug interaction may not be sufficient to meet the standard of a medical emergency. This content is from the eCFR and may include recent changes applied to the CFR. 1832(a)(2)(C)Requirements for Organizations that . The authority citation for part 165 continues to read as follows: Authority: 46 U.S.C. Learn more about the eCFR, its status, and the editorial process. Public Health Service, Department of Health and Human Services. Part 2s consent provisions allow either the name or general designation of the program or person permitted to make the disclosure to be specified on the consent form. Once a patient has revoked a Part 2 consent with respect to one or more parties, that revocation should be immediately communicated to the HIO by the entity obtaining the patients revocation so that it implements the revocation decision and no longer transmits the Part 2 programs protected patient information to those one or more parties. and the Drug Enforcement Administration (DEA), that the practitioner has been approved to treat up to 275 . The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. Similarly, SAMHSA recommends that the information about emergency disclosures be kept in the HIOs electronic system and protected using appropriate safeguards. (ii) Provide, for each disclosure, the name(s) of the entity(-ies) to which the disclosure was made, the date of the disclosure, and a brief description of the patient identifying information disclosed. Also, the QSOA does not permit a QSO to redisclose information to a third party unless that third party is a contract agent of the QSO, helping them provide services described in the QSOA, and only as long as the agent only further discloses the information back to the QSO or to the Part 2 program from which the information originated. the hierarchy of the document. If the entity conducting SBIRT services is not a federally-assisted program, then the SBIRT services and patient records generated by such services would not be covered under 42 CFR Part 2, although HIPAA and state laws may apply. View the most recent official publication: These links go to the official, published CFR, which is updated annually. 12. If you have questions for the Agency that issued the current document please contact the agency directly. However, Part 2 restrictions continue to apply to the original alcohol or drug abuse patient records maintained by the program including their disclosure and use for civil or criminal proceedings which may arise out of the report of suspected child abuse and neglect [42 CFR 2.12(c)(6)]. Pressing enter in the search box Disclosures made with patient consent must be accompanied by a statement notifying the recipient that Part 2 redisclosure is prohibited, unless further disclosure is expressly permitted by the written consent of the person to whom it pertains or as otherwise permitted by Part 2 (42 CFR 2.32). (a) General. Displaying title 42, up to date as of 6/23/2023. A peer support provider could meet the definition if they are federally assisted and either: Part 2 allows patient identifying information to be disclosed to medical personnel in a medical emergency [42 CFR 2.51]. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. This web site is designed for the current versions of The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. As a result, it may not include the most recent changes applied to the CFR.

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