Privacy of Individually Identifiable Health Information (Privacy Rule)

By HHIE, on July 2nd, 2010

Applying the Substance Abuse Confidentiality Regulations to the Health Information Exchange (HIE)

The Substance Abuse & Mental Health Services Administration (SAMHSA) and the Office of the National Coordinator (ONC) for Health Information Technology announced yesterday the release of the Frequently Asked Questions (FAQs) for Applying the Substance Abuse Confidentiality Regulations to the Health Information Exchange (HIE).

The Substance Abuse Confidentiality Regulations, 42 CFR Part 2, govern the use and disclosure of alcohol and drug abuse patient records that are maintained at federally funded substance abuse programs. Both SAMHSA and ONC want to ensure that our constituents receive every tool and resource possible to allow a more complete understanding of these Federal regulations, which were enacted in 1972 and 1975. The FAQs outline the general provisions of 42 CFR Part 2, provide guidance on its application to electronic health records, and identify methods for including substance abuse patient record information into health information exchange that is consistent with the Federal statute.

The FAQs will serve as a valuable resource to a variety of individuals, including specialty and medical providers, as well as HIE technical developers and policymakers. The FAQs are not meant to provide legal advice.

Both SAMHSA and ONC are committed to adhering to the Federal protections of 42 CFR Part 2 and recognize the importance of promoting behavioral health in electronic health records. A meeting is being planned for August 4, from 8:30 a.m. to 12:30 p.m. to provide those interested an opportunity to provide input on the utility of the FAQs.