News & Analysis as of

Confidential Information Health Care Providers Health Insurance Portability and Accountability Act (HIPAA)

Dickinson Wright

2024 Revisions to Part 2: Key Changes, Impact, and Compliance Tips

Dickinson Wright on

Previously published in Healthcare News and Healthcare Michigan. On February 8, 2024, the Department of Health and Human Services (HHS) finalized revisions to 42 CFR Part 2. Read on to learn more about Part 2, the changes,...more

Jones Day

U.S. District Court Invalidates HHS Guidance Overreading HIPAA's Application to Online Technologies

Jones Day on

On June 20, 2024, a U.S. federal district court held, in a suit brought by Jones Day, that the Department of Health and Human Services ("HHS") had misapplied the Health Insurance Portability and Accountability Act ("HIPAA")...more

McDermott Will & Emery

Healthcare Regulatory Check-up Newsletter | February 2024 Recap

McDermott Will & Emery on

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for February 2024. We discuss various regulatory developments, including guidance on the use of AI in coverage decisions and texting...more

Bass, Berry & Sims PLC

Final Rule Helps Align Part 2 with HIPAA

On February 8, 2024, the U.S. Department of Health & Human Services, through the Substance Abuse and Mental Health Services Administration and the Office for Civil Rights (collectively, HHS), issued a Final Rule that amends...more

Quarles & Brady LLP

Substance Abuse Disorder Records (42 CFR Part 2) Final Rule Is Here!

Quarles & Brady LLP on

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises...more

Holland & Knight LLP

Substance Use Disorder Confidentiality Regulations Modified to Align with HIPAA

Holland & Knight LLP on

After more than a year since the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) issued the proposed changes to the...more

Orrick, Herrington & Sutcliffe LLP

Confidentiality of Substance Use Disorder Patient Records: What to Know About Updates to Part 2

The U.S. Department of Health & Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office for Civil Rights (OCR), has announced a final rule (the Rule) updating the...more

Williams Mullen

42 CFR Part 2 Final Rule Harmonizes Substance Use Disorder Confidentiality Protections with HIPAA

Williams Mullen on

On February 8, 2024, the federal Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at 42 CFR Part 2 (Part 2) were revised in part to increase patient protection and streamline patient consent...more

Fox Rothschild LLP

Confidentiality of Substance Use Disorder Records Now More Closely Aligned With HIPAA

Fox Rothschild LLP on

Today the U.S. Department of Health & Human Services (HHS) finalized rules published in December of 2022 changing the requirements for handling SUD patient information governed by 45 CFR part 2 (Part 2)....more

Hogan Lovells

HHS proposes significant changes to Part 2 substance use disorder records regulations

Hogan Lovells on

The U.S. Department of Health and Human Services (HHS) has proposed to significantly revise rules governing patient records in substance use disorder (SUD) programs, commonly known as the Part 2 rules, with important...more

Epstein Becker & Green

#WorkforceWednesday: Employee Privacy and COVID-19, CMS Vaccine Mandate on Hold, Independent Contractor Classification -...

Epstein Becker & Green on

This week, we look at complying with the rules that require employers to keep employee COVID-19 vaccination and testing information confidential. HIPAA, Employee Privacy Protections, and COVID-19 (see video attached) ...more

Foley Hoag LLP - Cannabis and the Law

Illinois Medical Cannabis Businesses Must Be HIPAA Compliant

In recently published guidance, Illinois’ main cannabis regulator – the Illinois Department of Financial and Professional Regulation – announced that medical and co-located dispensaries in Illinois must protect patient...more

Bond Schoeneck & King PLLC

SAMHSA Again Revises its Rules on the Confidentiality of Substance Use Disorder Treatment Records

On July 15, 2020, the Substance Abuse and Mental Health Services Administration (SAMHSA) published a final rule that, for the third time in as many years, significantly amended its regulations on the confidentiality of...more

Steptoe & Johnson PLLC

HIPAA Right to Access Failures – Continued Penalties for Providers

Steptoe & Johnson PLLC on

Under the HIPAA Privacy Rule, individuals have a right to timely access their medical records at a reasonable cost. With some exceptions, a health care provider must provide those records without reasonable delay and within...more

Davis Wright Tremaine LLP

Top HHS "Information Blocking" Regulatory Compliance Challenges

As the November 2 compliance date quickly approaches, healthcare providers are finding that tackling the new "information blocking" regulations from the U.S. Department of Health and Human Services requires substantial...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 8. Privacy Briefs: August 2020

Report on Patient Privacy 20, no. 8 (August 2020)  -  HHS changed its tone on care coordination and case management in the final Confidentiality of Substance Use Disorder Patient Records regulation (42 C.F.R. § 2), known...more

Rivkin Radler LLP

SAMHSA Updates Part 2 Rules

Rivkin Radler LLP on

On July 13, the Substance Abuse and Mental Health Services Administration (SAMHSA) announced the adoption of revised Confidentiality of Substance Use Disorder Patient Records regulations in an effort to improve care...more

Spilman Thomas & Battle, PLLC

Mandatory COVID-19 Testing: Is Your Skilled Nursing Facility Prepared?

As the COVID-19 pandemic continues, many states now are requiring mandatory testing of residents and employees of skilled nursing and assisted living facilities, including West Virginia, South Carolina, and Florida. Other...more

Jones Day

February 2, 2020 is Here: Are Your Agreements Compliant With the Part 2 Rule?

Jones Day on

The Situation: The two-year grace period for updating agreements of "lawful holders" (i.e., recipients named on patient consent forms obtained pursuant to the Part 2 Rule) with contractors, subcontractors, and legal...more

Robinson+Cole Health Law Diagnosis

OCR Comments on Recent Ciox Case Vacating Certain Omnibus Rule Regulations and Guidance Relating to Fees for Providing Patient...

The HHS Office for Civil Rights (OCR) issued an Important Notice Regarding Individuals’ Right of Access to Health Records through its email list serve on January 29, 2020.  In the Notice, OCR addressed the recent memorandum...more

Troutman Pepper

Google Health's Partnerships Raise Privacy Concerns

Troutman Pepper on

Google Health’s Partnerships Raise Privacy Concerns - Recently, Google has been at the center of privacy concerns due to its health- sharing collaborations with the University of Chicago Medical Center (the Medical Center)...more

Chambliss, Bahner & Stophel, P.C.

New Guidance for Protecting Student Health Care Information

On December 19, 2019, the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Education (DOE) provided new joint guidance on the release of certain student records. In summary, this HHS/DOE release...more

Locke Lord LLP

Proposed Changes to Regulations Governing the Confidentiality of Substance Abuse Disorder Treatment Records Reflects Concerns...

Locke Lord LLP on

The U.S. Department of Health and Human Services has released proposed amendments to the regulations governing the Confidentiality of Substance Abuse Disorder Treatment Records. The amendments are intended to improve...more

K&L Gates LLP

K&L Gates Triage: The Opioid Epidemic & the Confidentiality of Substance Use Disorder Records: an Update on 42 CFR Part 2 - Part 1...

K&L Gates LLP on

This episode is the first in a series focusing on recent efforts by the Substance Abuse and Mental Health Services Administration (SAMHSA) to update 42 C.F.R. Part 2 (Part 2) regulations related to the confidentiality of...more

Ruder Ware

Proposed Revisions to the SAMHSA Regulations Would Permit Non-Part 2 Providers to Reference Part 2 Treatment in Patient Records

Ruder Ware on

Our representation of behavioral health and substance abuse programs has required us to stay in tune to issues involving special confidentiality of patient records under 42 CFR Part 2, also known as the SAMHSA regulations The...more

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