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.
Patients
Everyone should be able to get the help they need, without having to worry about sensitive treatment information being inappropriately shared. Get the facts about how patient privacy protections work for you. The following resources are intended to help patients better understand the federal privacy laws when accessing services.
The CoE-PHI does not provide technical assistance directly to patients and families. To fill this gap, The National Family Support Technical Assistance Center (NFSTAC), also funded by SAMHSA, provides training and technical assistance to families affected by substance use disorder as they support their children throughout the lifespan, using an approach that is anchored by the underlying principles that families play a vital role in supporting their loved ones through the recovery process. For more information and to request training and technical assistance services from the NFSTAC click here.
Patients resources
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.
Sample patient consent form developed in compliance with SAMHSA July 2020 final rule amending 42 CFR Part 2.
OCR guidance issued informing patients when HIPAA may permit a healthcare provider to notify family, friends, or other caregivers about a patient's location and general condition.
Developed in compliance with SAMHSA July 2020 final rule amending 42 CFR Part 2.