42 CFR Part 2: Examining the New Substance Record Confidentiality Proposed Rules (On-Demand Webinar)

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Date: 01/18/2023

Overview: This webinar will review the 42 CFR Part 2 Proposed Rules (Proposed Part 2 Rules) regarding the confidentiality of substance use disorder (SUD) information, which were issued by the U.S. Health and Human Services Department, through the Office for Civil Rights (OCR) and the Substance Abuse and Mental Health Services Administration (SAMHSA). The speakers will give an overview of the: 

• Revised definitions of terms to align with definitions from the Health Insurance Portability and Accountability Act (HIPAA) Rules;

• Improved requirements for patient consent and redisclosure to permit more efficient exchange of records for treatment, payment, and health care operations;

• An accounting of disclosures and right to request restrictions on disclosures;

• Updates to the Notice of Privacy Practices under the HIPAA Privacy Rule;

• New breach notification obligations;

• New civil money penalties (CMPs) for violations of Part 2 instead of criminal prosecution;

• Greater restrictions against the use and disclosure of records in civil, criminal, administrative, and legislative proceedings against patients; and

• Anti-discrimination protections to be addressed in future rule making.

The session will also include a discussion of the implications of the Proposed Part 2 Rules for data sharing and health information exchanges.


Speaker Information:

Gerald (Jud) E. DeLoss, J.D., Chief Executive Officer, Illinois Association for Behavioral Health

Bethany Corbin, Senior Counsel, Nixon Gwilt Law

Gregory W. Moore, Behavioral Health Care Attorney, Dickinson Wright

Moderator

 Leeann Habte, Partner, Best Best & Krieger

Continuing Education:

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AHLA is seeking CPE credits for live and on demand webinars. The maximum number of credits available is 1.80.


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