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?”
Summary/analysis
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.
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.
First responders often gain access to sensitive information about people’s substance use disorders (SUD) and treatment. Protecting the privacy of this information is key to these individuals’ recovery. It also is required by law. This resource explains the limited circumstances under which two federal privacy laws apply to SUD information obtained by first responders. It also describes how these laws permit first responders to share protected information.