News & Analysis as of

Mental Health Health Insurance Portability and Accountability Act (HIPAA) Patient Privacy Rights

Hendershot Cowart P.C.

Stricter Than HIPAA: Is Your Substance Abuse Or Mental Health Program In Compliance With 42 CFR Part 2? - UPDATED May 2024

Hendershot Cowart P.C. on

To protect patients seeking addiction treatment, the federal government passed strict regulations limiting the disclosure of substance abuse patient records. Substance abuse treatment programs must not only comply with the...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

Nelson Mullins Riley & Scarborough LLP

Proposed Changes to Confidentiality of Substance Use Disorder Patient Records Rules Would Support Better Care, Decrease Stigma,...

Amid the ongoing proliferation of headlines about the mental health crisis in the United States, of which substance use disorder is a large part, the recent issuance by the U.S. Department of Health and Human Services (HHS)...more

Hendershot Cowart P.C.

Stricter than HIPAA: Is Your Substance Abuse or Mental Health Program in Compliance With 42 CFR Part 2?

Hendershot Cowart P.C. on

To protect patients seeking addiction treatment, the federal government passed strict regulations limiting the disclosure of substance abuse patient records. Substance abuse treatment programs must not only comply with the...more

Health Care Compliance Association (HCCA)

[Virtual Event] 2021 25th Annual Compliance Institute - April 19th - 22nd, 9:30 am - 4:35 pm CDT

The Compliance Institute is celebrating 25 years! Join us for the Compliance Institute's 25th anniversary, April 19-22, 2021. This year, HCCA is excited to celebrate over two decades of compliance excellence with our...more

Bradley Arant Boult Cummings LLP

SAMHSA Finalizes Revisions to Part 2 Regulations Governing Confidentiality of Substance Use Disorder Records

On July 15, 2020, the Substance Abuse and Mental Health Services Administration (SAMHSA), a branch of the U.S. Department of Health and Human Services (HHS), published its much-anticipated final rule to revise 42 C.F.R. Part...more

Holland & Hart - Health Law Blog

Minors' Ability to Consent to Medical Treatment Under Utah Law

Medical providers are sometimes faced with the difficult scenario of a minor (under 18 years of age) requesting medical or mental health treatment without a parent's or legal guardian's consent. This situation often arises in...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...

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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

Dentons

What Exactly Can I Tell the Cops about the Patient with a Gun?

Dentons on

As a healthcare provider, it can be extremely difficult to assess when you should reach out to law enforcement for assistance managing patients. There is a wide array of laws which impact how you communicate with law...more

Foley & Lardner LLP

SAMHSA Finalizes Second Round of Changes to Federal Substance Use Disorder Privacy Rule

Foley & Lardner LLP on

New federal regulations published on January 3, 2018, clarify when lawful holders of substance-use disorder records may use and disclose patient identifying information for payment, health care operations, and audits and...more

Epstein Becker & Green

SAMHSA Finalizes Additional Changes to the Confidentiality of Substance Use Disorder Patient Records Regulations

Epstein Becker & Green on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) published a final rule (“Final Rule”) to further update the Confidentiality of Substance Use Disorder Patient Records regulations...more

Troutman Pepper

Final Rule Clarifies When Substance Abuse Programs Can Disclose Patient Information

Troutman Pepper on

A final rule from the Substance Abuse and Mental Health Services Administration establishes requirements for the exchange of patient information between substance abuse treatment programs and their agents and contractors. ...more

Sands Anderson PC

When is a child not a child for the purpose of access to health records?

Sands Anderson PC on

Healthcare providers are accustomed to adult involvement in the medical care of most “unemancipated” minors – minors who are not legally independent from their parents. Access to the minor’s records and/or medical information...more

Foley & Lardner LLP

Eight Things to Know About the New Federal Substance Use Disorder Privacy Rule

Foley & Lardner LLP on

A final rule published on January 18 implements the first major revisions to the federal regulations governing the confidentiality of substance-use disorder patient records (Part 2) since 1987. It finalizes a proposal from...more

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