Resource Center
The resources within this section are provided to promote awareness and strengthen knowledge and skills for professionals who are seeking to understand and apply Protected Health Information (PHI) privacy laws and regulations on the job and for individuals and families when accessing services.
Resources are presented by categories for Substance Use Disorder (SUD) Treatment Providers, Mental Health (MH) Treatment Providers, Healthcare Providers, for professionals working in Educational Institutions, and for Patients and Families.
Resources included in each category address PHI Law and Regulations, Official Guidance, Tips for Implementing PHI, and Sample Templates and Forms and many are available in downloadable format.
- Substance Use Disorder (SUD) Treatment Providers
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OFFICIAL GUIDANCE
The following resources clarify how to share and protect patients' substance use disorder records pursuant to two federal privacy laws: the Health Insurance Portability & Accountability Act (HIPAA) and the Confidentiality of Records Relating to Substance Use Disorder Patient Records (Part 2). We are currently reviewing these resources following the July 15, 2020 update to 42 CFR Part 2, which goes into effect August 14, 2020.
Read the SAMHSA 42 CFR Part 2 Fact Sheet for further details regarding the changes. We also suggest reviewing SAMHSA’s COVID-19 Guidance and Resources as well as the HHS Office of Civil Rights’ Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency.
Title Type Date Author Disclosure of Substance Use Disorder Patient Records: Does Part 2 Apply to Me? Infobrief 2018 ONC, SAMHSA Disclosure of Substance Use Disorder Patient Records: How Do I Exchange Part 2 Data? Infobrief 2018 ONC, SAMHSA How HIPAA allows doctors to respond to the opioid crisis Infobrief 2018 OCR Consent2Share: How to Download, Install and Run Consent2Share Webinar 4/25/2018 SAMHSA HIPAA Privacy Rule and the National Instant Criminal Background Check System (NICS)
Guidance 2016 OCR
Practical Application
The following resources are not official guidance from a federal agency, but may provide useful information about specific applications of the federal privacy protections for substance use disorder patient records. We are currently reviewing these resources following the July 15, 2020 update to 42 CFR Part 2, which goes into effect August 14, 2020.
PHI LAW AND REGULATIONS
The following federal laws and regulations govern the confidentiality of protected health information. Other federal and state laws may also apply. We will add the updated regulatory text for 42 CFR Part 2 as soon as it becomes available. In the meantime, please refer to the Final Rule published in the federal register on July 15, 2020 for information about how the regulations will change.
A link to the final rule is available here.
SAMPLE TEMPLATES AND FORMS
We are working to prepare sample templates and forms to reflect the July 15, 2020 changes to 42 CFR Part 2, which go into effect on August 14, 2020. Please sign up for our email to learn when new templates, forms, and resources become available.
- Mental Health (MH) Treatment Providers
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OFFICIAL GUIDANCE
The following resources clarify how to share and protect patients' substance use disorder records pursuant to two federal privacy laws: the Health Insurance Portability & Accountability Act (HIPAA) and the Confidentiality of Records Relating to Substance Use Disorder Patient Records (Part 2). We are currently reviewing these resources following the July 15, 2020 update to 42 CFR Part 2, which goes into effect August 14, 2020.
Read the SAMHSA 42 CFR Part 2 Fact Sheet for further details regarding the changes. We also suggest reviewing SAMHSA’s COVID-19 Guidance and Resources as well as the HHS Office of Civil Rights’ Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency.
Practical APPLICATION
The following resources are not official guidance from a federal agency, but may provide useful information about specific applications of the federal privacy protections for substance use disorder patient records. We are currently reviewing these resources following the July 15, 2020 update to 42 CFR Part 2, which goes into effect August 14, 2020.
Title Type Date Author Telehealth and Privacy: Federal Guidance for SUD and Mental Health Treatment Providers Tipsheet 2020 CoE-PHI Privacy Rights of Patients Treated for Overdose in Emergency Departments Infobrief 2018 LAC Infobrief 2/27/2017 LAC What SUD Treatment Providers Should Know: The 2018 Amendments to 42 CFR Part 2, Federal SUD Confidentiality Regulations Infobrief 2018 LAC How Does 42 CFR Part 2 Apply to Your SBIRT (Screening, Brief Intervention, and Referral to Treatment) Program? Landing page with decision tree and related infobriefs 2018 LAC
PHI LAW & REGULATIONS
The following federal laws and regulations govern the confidentiality of protected health information. Other federal and state laws may also apply.
Title Type Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub. L. 104-191 Law HIPAA Rules, 45 CFR Parts 160, 164, 165 Regulations (HHS)
SAMPLE TEMPLATES AND FORMS
We are working to prepare sample templates and forms to reflect the July 15, 2020 changes to 42 CFR Part 2, which go into effect on August 14, 2020. Please sign up for our email to learn when new templates, forms, and resources become available.
- Other Healthcare Providers
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PRACTICAL APPLICATION
The following resources are not official guidance from a federal agency, but may provide useful information about specific applications of the federal privacy protections for substance use disorder patient records. We are currently reviewing these resources following the July 15, 2020 update to 42 CFR Part 2, which goes into effect August 14, 2020.
- Professionals Working in Educational Institutions
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OFFICIAL GUIDANCE
The following resources clarify how to share and protect patients' substance use disorder records pursuant to two federal privacy laws: the Health Insurance Portability & Accountability Act (HIPAA) and the Confidentiality of Records Relating to Substance Use Disorder Patient Records (Part 2). We are currently reviewing these resources following the July 15, 2020 update to 42 CFR Part 2, which goes into effect August 14, 2020.
Read the SAMHSA 42 CFR Part 2 Fact Sheet for further details regarding the changes. We also suggest reviewing SAMHSA’s COVID-19 Guidance and Resources as well as the HHS Office of Civil Rights’ Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency.
Title Type Date Author Joint Guidance on the Application of the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPPA) to Student Health Records Guidance Dec 2019
UpdateDepartment of Health & Human Services and the U.S. DOE Guidance explaining 2016 regulation permitting reporting of certain PHI to the NCIS by state and other authorized healthcare entities. Infobrief 2016 OCR FAQ: When may a school administrator or healthcare professional share concerns about a student? FAQs Undated OCR Dear Colleague Letter to School Officials at Institutions of Higher Education Letter 8/24/2016 U.S. DOE FAQs about student privacy FAQs Undated U.S. DOE Training modules: FERPA Online training modules 9/8/2012 U.S. DOE FERPA Infobrief 3/1/2018 U.S. DOE
PRACTICAL APPLICATION
The following resources are not official guidance from a federal agency, but may provide useful information about specific applications of the federal privacy protections for substance use disorder patient records. We are currently reviewing these resources following the July 15, 2020 update to 42 CFR Part 2, which goes into effect August 14, 2020.
Title Type Date Author Telehealth and Privacy: Federal Guidance for SUD and Mental Health Treatment Providers Tipsheet 2020 CoE-PHI Infobrief Oct 2019 CoE-
PHI
PHI LAWS & REGULATIONS
The following federal laws and regulations govern the confidentiality of protected health information. Other federal and state laws may also apply. We will add the updated regulatory text for 42 CFR Part 2 as soon as it becomes available. In the meantime, please refer to the Final Rule published in the federal register on July 15, 2020 for information about how the regulations will change.
A link to the final rule is available here.
SAMPLE TEMPLATES AND FORMS
We are working to prepare sample templates and forms to reflect the July 15, 2020 changes to 42 CFR Part 2, which go into effect on August 14, 2020. Please sign up for our email to learn when new templates, forms, and resources become available.
- Patients & Families
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TELEHEALTH AND PRIVACY
The following resources will help you maintain your privacy when receiving mental health or substance use disorder services through telehealth.
Title Type Date Author Telehealth and Privacy: Federal Guidance for SUD and Mental Health Treatment Providers (versión en español) Tipsheet 2020 CoE-PHI Video: Telehealth and Privacy: Federal Guidance SUD and Mental Health Treatment Providers (versión en español)
Video 2020 CoE-PHI OFFICIAL GUIDANCE
The following resources are designed for consumers, patients, and families whose loved ones receive treatment for a substance use disorder and/or mental health.
Title Type Date Author Schools FAQs about student privacy for parents and students FAQs Undated U.S. DOE Schools FERPA General guidance for parents Compilation of Resources Updated
March 2017U.S. DOE Schools FERPA General guidance for students Compilation of Resources Updated
June 2015OCR Schools Am I my child's personal representative under HIPAA Infobrief 2017/8 OCR Mental Health HIPAA helps families and friends stay connected Infobrief 2017/8 OCR Mental Health When can I obtain treatment information about my loved one? Infobrief 2017/8 OCR Mental Health When your child, teenager, or young adult has mental illness: what parents need to know about HIPAA Infobrief 2017/8 OCR
