Confidentiality of Substance Use Disorder Patient Records; Complying with the New Federal Law 42 CFR Part 2

Why Should You Attend:

The webinar will discuss what is required of part 2 programs. A facility that receives federal assistance (such as Medicare) and hold itself out as providing substance use disorder diagnosis, treatment, or referral must follow these extensive regulations. They address the notice that must be given to the patient. It discusses patient access to medical records and what must be in the consent form. It discusses research, closure of a program, new definitions, minors, decease patient records, security of medical records, disclosure, when disclosure is prohibited and more.

If a patient is admitted to a hospital to the substance use disorder treatment floor, are you up to speed on how to comply with the many requirements of this law? What is the responsibility if the patient being treated for drug or alcohol abuse discloses he or she has abused their children? When can minors consent to treatment? When can the parents of a minor get access to their records? What is the patient commits a crime on the property? All of these questions will be answered in this webinar.

After this webinar participants will be able to:

• Describe Confidentiality of Substance Use Disorder Patient Records.
• Discuss when a minor can consent to the treatment of a substance abuse disorder.
• Explain that a special consent form is needed to release the medical records of a patient treated for substance abuse disorder under 42 CFR Part 2 Program
• Describe when a report of a violation must be reported and to whom

Areas Covered in the Webinar:

• Introduction and history
• Previously called confidentiality of drug and alcohol records
• Substance use disorder patient records
• How to locate a copy of the law
• Substance use disorder data
• American Hospital Association recommendations
• Purpose and need of new law
• Who is subjected to the law under part 2
• Federally assisted and holding one out
• More rules in round two
• Sub-regulatory guidance will be issued
• Notice to patients of confidentiality requirements
• Patient access to medical records and restrictions on use
• Reports of violations or penalties
• General provisions
• Definitions
• Minor patient
• Deceased patient
• Security of medical records
• Restrictions on disclosure
• Crimes on the premises and child abuse reports
• Prohibitions on re-disclosure
• Relationship to state laws
• Disclosures with consent
• Disclosures to the criminal justice system
• Disclosure without consent
• Medical emergencies
• Court orders
• Informants and undercover agents
• Closing a program
• Research
• Audits and evaluation
• FAQs
• OCR and HIPAA and mental health records

Who Will Benefit:

Anyone who takes care of patients in a part 2 program should attend. This includes staff that takes care of patients in a program that is federally assisted and who holds themselves out as providing care and treatment to patients who have a substance use disorder (SUD). This includes:

• CEOs
• COOs
• CMOs
• CNOs
• CE Directors
• Quality Improvement Staff
• Physicians
• Nurses (all levels)
• Board Members
• Clinic Managers
• Outpatient Directors
• Lab Directors
• Compliance Officers
• CMS Liaisons
• Registration Staff
• Safety Officers and Staff
• Pharmacy Staff
• Ethics Committee Members
• Risk Managers
• Legal Counsel
• Behavioral Health Staff
• Psychiatry Staff
• Discharge Planners
• Case Managers

Sue Dill Calloway
chief learning officer, Emergency Medicine Patient Safety Foundation

Sue Dill Calloway, RN, MSN, JD, is a nurse attorney, a medical legal consultant and the past chief learning officer for the Emergency Medicine Patient Safety Foundation. She is the immediate past director of Hospital Patient Safety and Risk Management for The Doctors Company. She is currently president of Patient Safety and Health Care Education and Consulting. Sue was a medical malpractice defense attorney for many years and a past director of risk management for the Ohio Hospital Association. She was in-house legal counsel for a hospital in addition to being the privacy officer and compliance officer.

She has done many educational programs for nurses, physicians, and other health care providers. She has authored over 102 books and numerous articles. Sue is a frequent speaker and is well known across the country in the area of healthcare law, risk management, and patient safety. She has taught many educational programs and written many articles on compliance with the CMS and Joint Commission restraint standards.

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