In response to the opioid crisis, the Substance Abuse and Mental Health Services Administration (SAMHSA), in collaboration with the Office of the National Coordinator (ONC), recently issued two fact sheets to provide clarity on the updated 42 CFR Part 2 regulations in the context of health information exchanges and provider health settings.
The fact sheets set forth different scenarios “to help eradicate any barrier someone might encounter to either choosing or providing appropriate treatment…” and “should help providers and health information exchange organizations understand how to appropriately access and securely share health information with the patient’s consent.”
SAMHSA stated in its press release, “The first fact sheet, “Disclosure of Substance Use Disorder Patient Records: Does Part 2 Apply to Me?” helps clarify what a Part 2 Program is, and how health care providers can determine how Part 2 applies to them by depicting scenarios they might encounter when caring for patients. The second fact sheet, “Disclosure of Substance Use Disorder Patient Records: How Do I Exchange Part 2 Data?” describes how Part 2 applies to the electronic exchange of health care records with a Part 2 Program.”
The fact sheets can be viewed at https://www.samhsa.gov/about-us/who-we-are/laws-regulations/confidentiality-regulations-faqs.