The federal health privacy laws and regulations for SUD and MH treatment have recently changed, and more changes are forthcoming. This resource provides information about the changes and links to resources where you can learn more.
Summary/analysis
CoE-PHI resource that describes the Information Blocking Rule and explains that it does not preempt stricter privacy laws and regulations such as 42 CFR Part 2.
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?”
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.