What is the law that protects substance use treatment records provided by federally funded facilities? (2024)

What is the law that protects substance use treatment records provided by federally funded facilities?

Part 2 requires each disclosure made with written patient consent to be accompanied by a written statement that the information disclosed is protected by federal law and that the recipient cannot make any further disclosure of it unless permitted by the regulations (42 CFR § 2.32).

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What does 42 CFR protect?

The 42 CFR Part 2 regulations (Part 2) serve to protect patient records created by federally assisted programs for the treatment of substance use disorders (SUD).

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What is the federal law for patient confidentiality?

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient's consent or knowledge.

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What is the federal confidentiality law for substance abuse?

The Federal confidentiality law and regulations protect any information about a client if the client has applied for or received any alcohol- or drug abuse-related services—including assessment, diagnosis, detoxification, counseling, group counseling, treatment, and referral for treatment -- from a covered program.

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What does CFR stand for?

The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government.

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What is the purpose of the 42 CFR Part 2?

The regulations at 42 CFR part 2 (“Part 2”) protect the confidentiality of substance use disorder (SUD) treatment records.

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What does 42 Code of Federal Regulations Part 2 deal with quizlet?

42 CFR Part II protects client identifying information... that would identify a client as an alcohol or drug client, either directly or indirectly and any information, whether oral or written, that would directly or indirectly reveal a person's status as a current or former client.

What is the law that protects substance use treatment records provided by federally funded facilities? (2024)
What is the Cares Act and 42 CFR Part 2?

With this final rule, HHS is implementing the confidentiality provisions of section 3221 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (enacted March 27, 2020), which require the Department to align certain aspects of Part 2 with the Health Insurance Portability and Accountability Act of 1996 (HIPAA ...

What does person under 42 CFR 2.11 mean?

Person means an individual, partnership, corporation, federal, state or local government agency, or any other legal entity, (also referred to as “individual or entity”).

What are three examples of PHI?

Examples of PHI:
  • Billing information from your doctor.
  • Email to your doctor's office about a medication or prescription you need.
  • Appointment scheduling note with your doctor's office.
  • An MRI scan.
  • Blood test results.
  • Phone records.

Is doctor-patient confidentiality a federal law?

Physician-patient privilege differs from doctor-patient confidentiality, which protects a patient's medical records and information outside of the context of a lawsuit. This protection is granted by state statutes and federal statutes, such as the HIPAA Privacy Act.

Do laws and regulations protect patients or do health professionals protect patients?

Health law directly impacts health care providers and patients by setting the standards for care, protecting patient rights, and ensuring access to quality health services. Health care lawyers work to uphold these standards and protect the rights of both providers and patients in the healthcare system.

What is a substance abuse policy?

A Substance Abuse Policy is a document that outlines the expectations and consequences for employees who abuse drugs or alcohol. The policy should include a definition of substance abuse, expectations for employee behavior, and consequences for violating the policy.

What is the federal definition of Confidentiality?

Confidentiality is defined as a restriction on the volunteering of information outside of the courtroom setting, not to be confused with the concept of psychotherapist-patient privilege. These terms are not synonymous.

Which section of the Code of Federal Regulations deals with the Confidentiality of Sud patient records?

Title 42 of the Code of Federal Regulations (CFR) Part 2: Confidentiality of Substance Use Disorder Patient Records (Part 2) was first promulgated in 1975 to address concerns about the potential use of Substance Use Disorder (SUD) information in non-treatment based settings such as administrative or criminal hearings ...

What is the CFR Code of Federal Regulations?

The Code of Federal Regulations (CFR) is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government.. Title 21 of the CFR is reserved for rules of the Food and Drug Administration.

Is a federal regulation a law?

Regulations are issued by U.S. Federal government Departments and Agencies to interpret and implement laws passed by Congress. When Congress passes a law directing an agency to perform an action, the Department may issue a regulation further interpreting the language in the law.

How many Federal laws are there?

This is a chronological, but still incomplete, list of United States federal legislation. Congress has enacted approximately 200–600 statutes during each of its 115 biennial terms so that more than 30,000 statutes have been enacted since 1789.

What is the Code of Federal Regulations used for?

The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation.

What is protected healthcare information or PHI?

What is PHI? Protected health information (PHI) is any information in the medical record or designated record set that can be used to identify an individual and that was created, used, or disclosed in the course of providing a health care service such as diagnosis or treatment.

What is the Samhsa confidentiality law for substance use disorder records 42 CFR Part 2?

Part 2 requires each disclosure made with written patient consent to be accompanied by a written statement that the information disclosed is protected by federal law and that the recipient cannot make any further disclosure of it unless permitted by the regulations (42 CFR § 2.32).

What is 42 CFR quizlet?

42 CFR Part II. The purpose of 42 CFR Part II is to restrict disclosure and use of alcohol and drug abuse patient records maintained by any federally assisted alcohol and drug abuse program. Privacy. Is the right of the individual to be left alone.

What is the significance of federal statute Title 42 United States Code Section 1983 quizlet?

What is 42 U.S.C Section 1983 (Ku Klux Klan Act of 1871)? This section creates a federal civil cause of action to recover damages against any person who acting under color of state law, violates federal constitutional or statutory rights.

What is the difference between Hipaa and 42 CFR Part 2?

HIPAA is usually the minimum for confidentiality, and 42 CFR Part 2 is usually the maximum.  Who can access medical records and why?  Are the medical records properly and safely stored?  Are healthcare transactions conducted under the proper standards?

What is Part 2 of the CARES Act?

§290dd-2, commonly referred to as “Part 2.” While much remains to be seen in terms of rulemaking, the new SUD confidentiality law furthers the movement to interoperability, which has become increasingly important in today's electronic and integrated health care system, while attempting to balance the sensitivity of SUD ...

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