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Confidentiality and Privacy: Impact on Alcohol and Drug Abuse Patient Records

Confidentiality and Privacy: Impact on Alcohol and Drug Abuse Patient Records. NIDA: Narrowing the Research-Practice Divide in Evidence-Based Medicine with Adoption of Electronic Health Record Systems: Present and Future Directions July 13, 2009 . 42 CFR Part 2.

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Confidentiality and Privacy: Impact on Alcohol and Drug Abuse Patient Records

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  1. Confidentiality and Privacy: Impact on Alcohol and Drug Abuse Patient Records NIDA: Narrowing the Research-Practice Divide in Evidence-Based Medicine with Adoption of Electronic Health Record Systems: Present and Future Directions July 13, 2009

  2. 42 CFR Part 2 • Long standing federal confidentiality regulation • Combat stigma and fear of prosecution • Relatively narrow • Consent-driven • Biggest challenge: not well-known in federal and other circles

  3. What is protected by 42 CFR Part 2? • Information about a person who has applied for or been given a diagnosis or treatment for alcohol or drug abuse • Generated by a SA treatment “program” • Prohibition of re-disclosure • Protection attaches to the information • Information that can used to identify someone as an alcohol or drug abuser

  4. What is a SA Treatment Program? • “Individual or entity … that “holds itself out” as providing, and provides, alcohol or drug abuse diagnosis, treatment or referral for treatment • Identified unit within a general medical facility • Medical personnel or other staff whose primary function is SA treatment and are identified as such

  5. Consent with nine Exceptions • Consent must be obtained with the following exceptions: • medical emergencies • research • audit/evaluation • authorizing court order • Regulations do not apply to • communication within a program • qualified service organizations/ with QSO agreements (limited) • crimes on the premises • child abuse and neglect reporting

  6. Personal Health Records • Any …“electronic record of IIHI on an individual that can be drawn from multiple sources and that is managed, shared, and controlled by or for the individual.” (Recovery Act, 13400(11). • PHR vendor is “…an entity, other than a covered entity…that offers or maintains a personal health record (13400(18))

  7. Regulation • Payer hosted: HIPAA • Provider hosted: HIPAA: Part 2 • Private Companies: Unregulated • Patient Hosted

  8. More Information Hipaa.samhsa.gov/privacy Confidentiality of alcohol and drug abuse patient records regulation and the HIPAA privacy rule National Committee of Vital and Health Statistics, transcripts, letter of recommendation Healthit.hhs.gov

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