Learn how to maintain compliance when handling mental health and substance abuse records.
There are two key federal laws that address health records privacy: HIPAA and 42 CFR Part 2. HIPAA applies to all types of health information, but 42 CFR Part 2 applies only to health information for certain substance use disorder treatment programs. The two laws have several similarities, but several key differences. This presentation will identify how HIPAA and 42 CFR Part 2 differ and overlap, and how the two regulations have evolved. The presentation will enable providers to understand how and when they are permitted to disclose substance use disorder treatment records and information in various circumstances.
Learning Objectives
- You will be able to define what constitutes a ‘Program’ under 42 CFR Part 2.
- You will be able to explain how to respond to a subpoena for substance use disorder records.
- You will be able to identify the differences between 42 CFR Part 2 and HIPAA.
- You will be able to recognize what is required in order to disclose substance use disorder records for treatment purposes.
Agenda
History of 42 CFR Part 2
- Background
- Public Policy
- Evolution, Especially the February 2024 Updated Final Rule
Scope of 42 CFR Part 2
- What Is Included in the Scope
- To What Providers Does It Apply
- To What Records Does It Apply
Comparison of 42 CFR Part 2 to HIPAA
- Detailed Analysis of Key Provisions
- Differences
- Similarities
Disclosures Review
- To the Patient
- In Litigation
- To Other Providers
Where Is the Law Going?
- 2024 Updates to 42 CFR Part 2
- Alignment With HIPAA
- Additional Changes to 42 CFR Part 2 and HIPAA
Speakers
Nathan A. Kottkamp,
Williams Mullen- Partner in Williams Mullen’s Healthcare Department, Richmond, Virginia
- Provides counsel on compliance with federal and state healthcare regulations and day-to-day operational issues
- Earned the CIPP/US designation as a Certified Information Privacy Professional from the International Association of Privacy Professionals, and clients rely on his insight and experience with HIPAA and other data privacy and security matters
- Recognized as a Leading Lawyer for cyber law in Virginia by Legal 500 U.S. and as a Rising Star by Super Lawyers
- Dedicates his time and experience to public health issues
- Founder and chair of National Healthcare Decisions Day ([external url]), which educates and empowers both the public and healthcare providers about the importance of advance care planning
- Member of the Advance Directives Task Force Committee of the Supreme Court of Virginia Commission on Mental Health Law Reform
- J.D. degree, magna cum laude, University of Pittsburgh School of Law; M.A. degree in bioethics, University of Pittsburgh; A.B. degree, with high honors, College of William and Mary
Who Should Attend
This live webinar is designed for medical records directors, health information directors, coders, business managers, office managers, nurses, hospital administrators, billing managers, social workers, counselors, release of records professionals, compliance managers, and attorneys.
