HITEQ Center / Sunday, February 16, 2020 / Categories: Privacy and Security, HIPAA I Provide SUD Services in an FQHC: Does Part 2 Apply to Me? A Decision Tree from the Legal Action Center This decision tree, developed through funding from the Substance Abuse and Mental Health Services Administration (SAMHSA) helps organizations determine if Part 2 of CFR 42 applies to them. It should be noted that FQHCs will always be designated as “federally assisted” due to certified status as Medicaid providers and/or federal funding. Under 42 CFR Part 2 (hereafter referred to as “Part 2”), a patient can revoke consent to one or more parties named in a multi-party consent form while leaving the rest of the consent in effect. In a non-Health Information Exchange (HIE) environment, this can be accomplished simply by the Part 2 program indicating on the consent form or in the patient’s record that consent has been revoked with respect to one or more named parties. In an HIE environment, the revocation with respect to one or more parties should be clearly communicated to the Health Information Organization (HIO) as well as noted in the patient’s record by the Part 2 program. Print 1226 Tags: Privacy and Confidentiality SUD SAMHSA 42 CFR 42 CFR Part 2 substance use disorders 42 CFR Part 2 Badge Intended Audiencehealth center staff Documents to download HITEQ-Legal-Action-Center-SAMHSA-I-provide-SUD-services-in-an-FQHC(.pdf, 380.63 KB) - 121 download(s) Resource Links Substance Abuse Confidentiality Regulations from the Substance Abuse and Mental Heath Services AdministrationFrequently Asked Questions (FAQs) and Fact Sheets regarding the Substance Abuse Confidentiality Regulations. Related Resources Telehealth Policy during Coronavirus/ COVID-19 Pandemic Behavioral Health Consent Management Behavioral Health Consent Management Center of Excellence for Protected Health Information Compliance with 42 CFR Part 2: A Case Study with Community Medical Centers, Inc.