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We invite you to share your perspective on the U.S. Department of Health and Human Services (HHS) proposed changes to federal regulations governing the confidentiality of patient records created by federally-assisted substance use disorder treatment programs (known as 42 CFR Part 2). The 42 CFR part 2 regulations serve to protect patient records created by federally funded programs for the treatment of substance use disorders (SUD).
To help inform the Behavioral Health Division’s policy on this issue, we ask for input from you, our partners and stakeholders. Below, you will find background information and resources which illustrate some of the various points of view on this proposed rule change. In the future, we also plan to invite consumer input on this important issue.
As soon as possible (but no later than February 17, 2020), please submit your response at this snap-survey link: http://surveys.dhs.state.mn.us/snapwebhost/s.asp?k=157530766681
The results of the survey will be posted under “News” at this link: https://mn.gov/dhs/partners-and-providers/news-initiatives-reports-workgroups/alcohol-drug-other-addictions/
Thank you in advance for your time and your response!
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Background - the “Confidentiality of Substance Use Disorder Patient Records” (42 CFR Part 2, commonly known as “Part 2”) is a federal regulation enacted to encourage individuals to seek substance use disorder treatment without the fear of stigmatization or criminal prosecution.
For details on what would and would not change under the Proposed New Part 2 Rule: See HHS.gov FACT SHEET at https://www.hhs.gov/about/news/2019/08/22/hhs-42-cfr-part-2-proposed-rule-fact-sheet.html
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Supporters of the rule change believe that making SUD treatment records easier to share will enhance the coordination of patients’ care across settings. “This is a good step forward in breaking down barriers for people with substance use disorders to receive effective integrated care,” said Dr. Saul Levin, CEO and medical director for the American Psychiatric Association. “We will continue to work with the Administration and Congress to address the remaining barriers.”
- On the other hand, critics argue that allowing more easily shareable records will be detrimental to individuals who might avoid seeking care for fear of facing stigma or discrimination or potential legal consequences. “With over 90% of people with substance use disorders not currently accessing treatment, weakening the current protections for patient privacy contained in Part 2 will not fix what is broken,” said Dr. H. Westley Clark, who served as director of the SAMHSA Center for Substance Abuse Treatment from 1998-2014. “Instead, it will drive even more people away from substance use disorder treatment and penalize the over 20 million people in recovery from substance use disorders.”
Below are selected perspectives from large provider groups:
The Partnership to Amend 42 CFR Part 2 (Partnership) is a coalition of more than 40 organizations representing stakeholders across the health care spectrum. The Partnership believes that aligning Part 2 with the Health Insurance Portability and Accountability Act (HIPAA) will allow appropriate access to patient information that is essential for providing whole-person care. https://www.helpendopioidcrisis.org/
The Legal Action Center and more than 100 of the nation’s leading addiction treatment, recovery, health care, and advocacy organizations have voiced strong concerns about recent proposals to replace Part 2’s confidentiality requirements with the Health Insurance Portability and Accountability Act’s (“HIPAA”) more relaxed standards, which would permit the release and re-disclosures of SUD medical record information for “treatment, payment, and health care operations” purposes without the patient’s consent.
Members of the Campaign to Protect Patient Privacy Rights maintain that in the midst of a national opioid crisis, overdose epidemic, and high rates of alcoholism and use of other drugs, weakening existing protections will prevent people who need SUD treatment from entering care out of fear that their private health information will be used against them.
https://lac.org/advocates-and-health-care-providers-voice-concern-about-trump-administrations-effort-to-weaken-confidentiality-and-redisclosure-of-substance-use-disorder-treatment-records/
Fact sheets and answers to frequently asked questions about the rule change can be found here: https://www.samhsa.gov/about-us/who-we-are/laws-regulations/confidentiality-regulations-faqs
For more information about this e-Memo please feel free to contact us at youropinionmatters.dhs@state.mn.us
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For more information about this e-Memo please feel free to contact us at youropinionmatters.dhs@state.mn.us
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