Training Options Duration: 3 Hours
Tuesday, October 9, 2018 | 09:00 AM PDT | 12:00 PM EDT
Overview: This session focuses on the issues of managing health information when it may
involve substance use disorder treatment information. HIPAA allows a number of disclosures
without consent that SAMHSA prohibits without consent. First we will explain how HIPAA relates to
information management and release and explain the processes required for various releases of
information under the HIPAA rules, including release according to individual access requests, and
under HIPAA authorizations.
When substance use disorder treatment information is involved, first you need to understand how
to identify it. We will discuss how to make it distinguishable from “regular” health information,
so that the appropriate extra protections can be provided. You may be able to use functions in
your EHR to flag the information, or you may create a manual process for tracking the
information, if it is rarely handled in your organization. And the substance use disorder
treatment information you collect may or may not be under SAMHSA depending on whether or not you
have a department or even a response team that specializes in SAMHSA-related situations. You need
to understand your status under the rules before you release information inappropriately. We will
discuss what qualifies treatment that falls under SAMHSA.
If your organization provides services that create information that is under the SAMHSA
regulations, you will need to establish the consent and release of information processes that are
required to be followed for information releases under 42 CFR Part 2. This involves getting the
proper consents upon establishment of the relationship, as well as managing consents for releases
that may be necessary after the initial establishment of the relationship. The session will
include an explanation of the consent and release requirements that must be followed.
When you release information under HIPAA, there are no special notices required to be placed on
the records. But when you release information under SAMHSA, each document must have a notice that
explains that re-disclosure is not permitted without a new consent. Complicating matters are
updated rules going into effect that will allow a consent that permits a re-release to a defined
team of providers caring for the individual, but then require meticulous documentation of to whom
the information has been released under such a consent.The session will go over the rules on
consents and re-release of information.
With the current epidemic of opioid abuse, there has been a great deal of publicity around the
release of information and the necessity to share information with family and friends to
facilitate recovery, but the rules remain in place as is. HIPAA allows such releases under some
circumstances, while a consent is required under 42 CFR Part 2.HHS has issued guidance on how to
deal with the regulations in the face of the crisis, but the inconsistencies and difficulties
remain. In this session we will review the guidance and learn how it helps explain some of the
In addition, the session will review the processes used for and some of the enforcememt
settlements reached in the reporting of breaches under HIPAA, as well as proposals to further
harmonize HIPAA and 42 CFR Part 2, including the levying of HIPAA-level penalties for violations
of the Part 2 rules. The latest proposals to modify the Part 2 rules and their potential impacts
will be discussed.
Overall, substance use disorder treatment information can complicate your records management and
release processes, but by recognizing and planning for the issues, you can minimize the impacts.
Why should you Attend: Today we are in the midst of an epidemic of substance use disorders, and
particularly opioid abuse, and more and more providers are involved in providing treatment to
people with substance use disorders. When substance use disorders are involved, the rules of
SAMHSA under 42 CFR Part 2 come into play. But who is covered under the rules, what’s involved in
meeting them, and how do they interact with HIPAA? HIPAA allows a number of disclosures, for
treatment, payment, and healthcare operations purposes, without consent from the individual being
SAMHSA rules, on the other hand, require consent for every disclosure or re-disclosure, and if
the proper consents aren’t obtained, the provider can be in violation of the rules and subject to
Not every provider that treats a person with substance abuse issues automatically falls under the
SAMHSA rules, and not all mental health information is necessarily substance abuse information.
How do you know whether or not your services put you under the SAMHSA regulations? If you are
under 42 CFR Part 2, how do you identify and keep separate the substance abuse information?
When a provider receives health information about an individual, under HIPAA the provider may
re-disclose the information as needed for treatment, payment, and healthcare operations purposes.
Information may be received, however, that has a special notice on it about re-disclosure,
requiring consent from the individual before re-disclosure. Even though you may not operate under
SAMHSA rules, you have obligations to respect the SAMHSA consent requirements. How can you make
sure information is only shared appropriately and is not released contrary to the rules?
Areas Covered in the Session:
What HIPAA allows, what SAMHSA requires, and the differences will be explained
We will examine how to deternmine if the services you provide place you under 42 CFR Part 2
We will explore the means for making sure substance use disorder treatment information receives
the appropriate protections
The consent and release requirements under 42 CFR Part 2 will be explained
Re-release of information released under 42 CFR Part 2 will be discussed
Sharing of information with family and friends in an overdose incident will be explored
The latest guidance from the US Department of Health and Human Services on harmonization of
SAMHSA and HIPAA will be explained
Enforcement of the rules and the handling of breaches of information will be explained
Who Will Benefit:
Information Systems Manager
Chief Information Officer
Health Information Manager
Jim Sheldon-Dean is the founder and director of compliance services at Lewis Creek Systems, LLC,
a Vermont-based consulting firm founded in 1982, providing information privacy and security
regulatory compliance services to a wide variety of health care entities.
Sheldon-Dean serves on the HIMSS Information Systems Security Workgroup, has co-chaired the
Workgroup for Electronic Data Interchange Privacy and Security Workgroup, and is a recipient of
the WEDI 2011 Award of Merit. He is a frequent speaker regarding HIPAA and information privacy
and security compliance issues at seminars and conferences, including speaking engagements at
numerous regional and national healthcare association conferences and conventions and the annual
NIST/OCR HIPAA Security Conference in Washington, D.C.
Price – $299
Netzealous LLC – MentorHealth
Phone No: 1-800-385-1607
Email: [email protected]
Webinar Sponsorship: https://www.mentorhealth.com/control/webinar-sponsorship/
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