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Resource Overview

42 CFR Part 2 is a federal statute that governs confidentiality for people seeking treatment for substance use disorders from federally assisted programs. This law requires a federally assisted substance use program to have a patient’s consent before releasing information to others. Its purpose is to encourage people to seek treatment with the reassurance that their privacy as a patient in this setting will be protected. 

These related resources provide information about the Substance Abuse and Mental Health Services Administration's (SAMHSA) revised Substance Abuse Confidentiality Regulations for Health Information Exchange Final Rule (referred to as 42 CFR Part 2) and how it may affect health centers. It includes information from the Final Rule published on January 3, 2018.

Security Risk Analysis Resources

Substance Abuse Confidentiality Regulations - 42 CFR Part 2

Frequently Asked Questions (FAQs) and Fact Sheets regarding the Substance Abuse Confidentiality Regulations

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Frequently Asked Questions (FAQs) and Fact Sheets regarding the Substance Abuse Confidentiality Regulations. 

Two fact sheets include: 

FAQs about Applying the Substance Abuse Confidentiality Regulations, answers provided by Substance Abuse and Mental Health Services Administration (SAMHSA)

Webinar: 42 CFR Part 2 Consent Requirements: Creating Electronic Consents

SAMHSA Webinar

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Is your organization looking for a way to electronically manage patient consent that complies with 42 CFR Part 2?

This webinar provided the following:

  • A brief background and consent requirements related to 42 CFR Part 2
  • Examples in which SAMHSA’s online consent management application called Consent2Share meets the consent requirements electronically

Click here to view webinar FAQ

42 CFR Part 2 Final Rule and Health Center Compliance

A HITEQ Webinar in collaboration with the California Primary Care Association (CPCA)

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The conference will explore the history and recent changes of 42 CFR Part 2, review common definitions, and how the changes may affect integrated medication-assisted treatment (MAT) and Screening, Brief Intervention, and Referral to Treatment (SBIRT) programs, and discussion on LifeLong Medical Care’s experience.

Sharing Behavioral Health Data over an HIE

A use case example from the Arizona Health-e Connection and SAMHSA Consent2Share project

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This is a recent presentation by the Substance Abuse and Mental Health Services Administration's Health IT effort that provides an overview of their Consent2Share project. Consent2Share is a tool for consent management and data segmentation that is designed to integrate within existing electronic health record (EHR) and Health Information Exchange (HIE) systems.

This overview is provided to health center leadership and staff to help them better understand new practices and technologies in the field that can assist in compliance with HIPAA 42 CFR Part 2 regulations when trying to participate in health information exchange activities.

Minor and Parental Access to Patient Portals

National and State-based examples and use cases

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This guide provides examples and overviews of patient portal considerations for minors as it relates to Meaningful Use, HIPAA. state consent laws and associated policies. The articles and presentations included for download and linked to from related websites include use cases and examples from multiple states and national level guidelines.

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Acknowledgements

This resource collection was cultivated and developed by the HITEQ team with valuable suggestions and contributions from HITEQ Project collaborators.

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