HIPAA, Consents, and 42 CFR Part 2 - Tracking the Release of Information Under Conflicting Rules

Overview:

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, including rigorous controls on the release and re-release of patient information.

Why you should Attend: While HIPAA rules apply to all Protected Health Information, the rules under 42 CFR Part 2 place special limitations on substance use disorder-related information. HIPAA has controls on the release of health information, but once it's released under HIPAA, the information is allowed to be used according to the regulations and obligations of the receiving party.

With information under Part 2, the obligations to protect the information travel with the information, placing recipients under obligations to provide further protection under Part 2 rules.