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.
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HHS resource outlining tips for patients to protect and secure their information during telehealth visits.
This module is designed to help professionals who provide or administer substance use disorder related services identify what constitutes a medical emergency, and describes who may receive records pursuant to the medical emergency exception under Part 2.
On February 8, 2024, HHS, through SAMHSA and OCR, announced final rule changes to 42 CFR Part 2 (“Part 2”), the federal law that protects the confidentiality of substance use disorder (SUD) treatment records. This HHS Fact Sheet provides further information about the final rule changes.
Archived recording of May 2023 webinar facilitated by the CoE-PHI to explain how the federal health privacy regulations apply to medications for opioid use disorder (MOUD) in correctional entities, especially jails, prisons, and detention centers. This webinar includes common scenarios in which patient information may or may not be shareable, and assists learners in determining the proper course of action for each scenario.
The federal confidentiality protections for substance use disorder (SUD) treatment records under 42 CFR Part 2 generally require a patient’s written consent to share information. Providers often have questions about how to fill out a consent form that authorizes disclosures to multiple parties in a way that complies with Part 2 and the HIPAA Privacy Rule.
Archived recording of March 2023 two-part virtual learning series facilitated by the Mental Health Technology Transfer Center (MHTTC) Network and the CoE-PHI to assist mental health professionals working in schools in understanding how the federal health privacy laws apply to student mental health information
During the COVID-19 public health emergency (PHE) the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) sought to increase patient access to telehealth services by waiving penalties for violations of certain requirements under HIPAA. OCR also provided flexibility for sharing patient identifying protected heath information (PHI) for public health purposes. With the end of PHE, these measures have expired.
During the COVID-19 public health emergency (PHE) the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) sought to increase access to treatment by issuing guidance on the use of remote communication technologies, including audio-only technology (e.g.,Voice over Internet Protocol (VoIP) and mobile technologies that use electronic media such as the internet, intra-and extranets, cellular, and Wi-Fi), to provide telehealth2 in compliance with HIPAA. While the PHE ended on May 11, 2023, OCR’s guidance on the use of audio-only technology for telehealth remains in effect.
Many patients receive substance use disorder (SUD) treatment and related services at integrated healthcare facilities such as community mental health centers (CMHCs) or certified community behavioral health centers (CCBHCs). Some SUD providers at CMHCs or CCBHCs may be subject to the federal law and regulations for substance use disorder treatment records under 42 CFR Part 2. This resource describes key privacy considerations for patients’ SUD treatment records that originate from a Part 2 program or provider within a CMHC.
This module is designed to help professionals who provide or administer SUD-related services identify what constitutes an emergency, who may serve as a patient's emergency contact, and what a Part 2 program should do to obtain emergency contact information.