This framework can help answer a fundamental question: “How are we considering the impacts to individuals as we develop our state’s 988 crisis response network?”
Portable Document Format
Resource describing the key privacy protections for deceased patients’ treatment records under 42 CFR Part 2 and the way these protections interact with similar provisions in the HIPAA Privacy Rule.
CoE-PHI Resource which describes practical considerations for Part 2 programs when seeking written patient consent to share information during an emergency.
Sample letter which can serve as an example to help substance use disorder treatment programs comply with 42 CFR Part 2 requirements while responding to
requests from third-party payers, contractors, and other private entities.
Privacy protections ensure that patients receiving SUD treatment are not made more vulnerable to negative outcomes than had they not sought treatment. These protections are particularly important in jails and prisons. This resource is meant to assist with determining whether Part 2 applies to the provision of medication for opioid use disorder (MOUD) in jails and prisons.
Substance use disorder (SUD) treatment providers frequently receive court orders and other requests for patient information covered by the federal confidentiality protections for SUD treatment (42 CFR Part 2). A general court order, subpoena, warrant, or official request for records, however, does not permit the disclosure of Part 2 records. Federal law generally prohibits the use of treatment records to a criminally investigate or prosecute a patient absent a special court order finding that the alleged crime is “extremely serious,” among other factors. These requirements are essential so that people feel safe seeking SUD treatment.