Sharing and protecting records

To improve treatment outcomes and promote continuity of care, it may be essential for staff at different programs to share client information about treatment for mental health and substance use disorders. The resources in this section are meant to explain when programs and providers can receive and re-disclose substance use disorder treatment information and mental health information.

Sharing and protecting records resources

The U.S. Department of Health and Human Services (HHS), through the Office for Civil Rights (OCR) and the Substance Abuse and Mental Health Services Administration (SAMHSA), has announced proposed changes to the Confidentiality of Substance Use Disorder (SUD) Patient Records under 42 CFR part 2 ("Part 2"). This HHS Fact Sheet describes the proposed changes.

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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?”

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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.

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This CoE-PHI video, featuring the perspectives of individuals with lived experience, is meant to illustrate for mental health and substance use treatment providers why confidentiality is so important to their patients’ treatment process. Special thanks to the individuals who bravely shared their stories with us.

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CoE-PHI Resource which describes practical considerations for Part 2 programs when seeking written patient consent to share information during an emergency.

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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.

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