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- The Part 2 statute (42 U.S.C. 290dd-2) protects “ [r]ecords of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance use disorder education, prevention, training, treatment, rehabilitation, or research, which is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States.”
www.hhs.gov/hipaa/for-professionals/regulatory-initiatives/fact-sheet-42-cfr-part-2-final-rule/index.html
People also ask
What is HIPAA Part 2?
How does HIPAA affect Part 2 penalties?
How do I comply with the HIPAA breach notification rule?
Will HIPAA Change Part 2 privacy practices requirements?
What is a HIPAA Privacy Rule?
Does the HIPAA Privacy rule apply to Sud patient records?
Feb 8, 2024 · With this final rule, HHS is implementing the confidentiality provisions of section 3221 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (enacted March 27, 2020), which require the Department to align certain aspects of Part 2 with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Rules and the Health ...
- HIPAA and Part 2
Section 3221 of the Coronavirus Aid, Relief, and Economic...
- Summary of The Privacy Rule
A major goal of the Privacy Rule is to assure that...
- HIPAA and Part 2
Apr 16, 2024 · Section 3221 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (enacted March 27, 2020) requires the Secretary to align certain aspects of Part 2 with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Rules and the Health Information Technology for Economic and Clinical Health (HITECH) Act.
- Office For Civil Rights (OCR)
Aligns Part 2 penalties with HIPAA by replacing criminal penalties currently in Part 2 with civil and criminal enforcement authorities that also apply to HIPAA violations. Applies the same requirements of the HIPAA Breach Notification Rule to breaches of records under Part 2.
- Treatment
- Definition
- Activities
- Resources
- Scope
- Purpose
- Uses
- Introduction
- Functions
- Advantages
- Operation
Treatment is the provision, coordination, or management of health care and related services for an individual by one or more health care providers, including consultation between providers regarding a patient and referral of a patient by one provider to another.20
Payment encompasses activities of a health plan to obtain premiums, determine or fulfill responsibilities for coverage and provision of benefits, and furnish or obtain reimbursement for health care delivered to an individual21 and activities of a health care provider to obtain payment or be reimbursed for the provision of health care to an individu...
Health care operations are any of the following activities: (a) quality assessment and improvement activities, including case management and care coordination; (b) competency assurance activities, including provider or health plan performance evaluation, credentialing, and accreditation; (c) conducting or arranging for medical reviews, audits, or l...
Public Health Activities. Covered entities may disclose protected health information to: (1) public health authorities authorized by law to collect or receive such information for preventing or controlling disease, injury, or disability and to public health or other government authorities authorized to receive reports of child abuse and neglect; (2...
Victims of Abuse, Neglect or Domestic Violence. In certain circumstances, covered entities may disclose protected health information to appropriate government authorities regarding victims of abuse, neglect, or domestic violence.31 Health Oversight Activities. Covered entities may disclose protected health information to health oversight agencies (...
Law Enforcement Purposes. Covered entities may disclose protected health information to law enforcement officials for law enforcement purposes under the following six circumstances, and subject to specified conditions: (1) as required by law (including court orders, court-ordered warrants, subpoenas) and administrative requests; (2) to identify or ...
Cadaveric Organ, Eye, or Tissue Donation. Covered entities may use or disclose protected health information to facilitate the donation and transplantation of cadaveric organs, eyes, and tissue.36
Research. Research is any systematic investigation designed to develop or contribute to generalizable knowledge.37 The Privacy Rule permits a covered entity to use and disclose protected health information for research purposes, without an individuals authorization, provided the covered entity obtains either: (1) documentation that an alteration or...
Essential Government Functions. An authorization is not required to use or disclose protected health information for certain essential government functions. Such functions include: assuring proper execution of a military mission, conducting intelligence and national security activities that are authorized by law, providing protective services to th...
The covered entities in an organized health care arrangement may use a joint privacy practices notice, as long as each agrees to abide by the notice content with respect to the protected health information created or received in connection with participation in the arrangement.53 Distribution of a joint notice by any covered entity participating i...
A health plan must distribute its privacy practices notice to each of its enrollees by its Privacy Rule compliance date. Thereafter, the health plan must give its notice to each new enrollee at enrollment, and send a reminder to every enrollee at least once every three years that the notice is available upon request. A health plan satisfies its dis...
- Office For Civil Rights (OCR)
Mar 25, 2024 · The US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the Substance Abuse and Mental Health Services Administration (SAMHSA) issued long awaited updates to the regulations at 42 CFR Part 2 (Part 2) on February 16, 2024.
U.S.C. § 290dd-2 to align more closely with Health Insurance Portability and Accountability Act (HIPAA) • Requires general consent for disclosure of substance use disorder (SUD) treatment records • Allows disclosure of covered records for treatment, payment and health care operations
How do I know if Part 2 applies to me? The recent final rule released by the Substance Abuse and Mental Health Services Administration (SAMHSA) that went into effect on Friday, August 14, 2020, does not change who must follow 42 CFR Part 2.
