Get Kaufvertragen.doc. Applying The Substance Abuse Confidentiality Regulations To Health Information

eCFR :: 42 CFR Part 2 -- Confidentiality of Substance Use Disorder Patient Records.

For over fifty years, federal law has protected the confidentiality of people who seek treatment for substance use disorders. The privacy law and its implementing regulations, 42 USC § 290dd-2, 42 CFR Part 2, are commonly referred to together as “Part 2.”

The regulations at 42 CFR part 2 (“Part 2”) protect the confidentiality of substance use disorder (SUD) treatment records.

The rule known as 42 CFR Part 2 was drafted in 1972 to protect patients from stigma or bias associated with substance abuse. However, the rule carried strict requirements regarding the use and disclosure of records for SUD clients.

Part 2 requires each disclosure made with written patient consent to be accompanied by a written statement that the information disclosed is protected by federal law and that the recipient cannot make any further disclosure of it unless permitted by the regulations (42 CFR § 2.32).

HIPAA is usually the minimum for confidentiality, and 42 CFR Part 2 is usually the maximum.  Who can access medical records and why?  Are the medical records properly and safely stored?  Are healthcare transactions conducted under the proper standards?

To address this issue, federal regulations known as "42 CFR Part 2" protect the confidentiality of addiction treatment records of any person who has sought treatment for or been diagnosed with addiction at a federally assisted program.

These regulations cover any information (including information on referral and intake) about patients receiving diagnosis, treatment, or referral for treatment for a substance use disorder created by a part 2 program.