Overview

HIPAA and SAMHSA (42 CFR Part 2) are two cornerstone regulations in the U.S. healthcare compliance landscape, each governing the handling of sensitive patient information. While both laws aim to protect patient privacy, they differ in scope, application, and enforcement. Non-compliance with either regulation can result in civil and criminal penalties, federal enforcement actions, and significant legal liability, including potential claims under state laws of negligence or invasion of privacy.

This 90-minute in-depth webinar is designed for practice managers, compliance officers, business associates, and healthcare professionals who handle substance abuse, mental health, or alcohol-related records. Participants will gain a comprehensive understanding of both HIPAA and SAMHSA, their differences, practical compliance strategies, and real-world applications to prevent violations and mitigate risks.

Drawing on real-life examples, federal guidance, and interactive scenarios, this session provides actionable insights to protect your organization and ensure adherence to current regulations.

Why You Should Attend

HIPAA and SAMHSA regulations differ in key aspects that can significantly impact how healthcare organizations manage sensitive patient information. This webinar will help you:

• Understand the critical differences between HIPAA and SAMHSA 42 CFR Part 2

• Recognize compliance requirements for handling substance use disorder (SUD) records, mental health records, and alcohol abuse records

• Learn when and how to securely release patient records

• Implement best practices for documentation, risk management, and enforcement compliance

• Protect your organization from civil and criminal penalties

• Gain clarity on federal enforcement trends and audit priorities

By attending, healthcare professionals and business associates will gain the knowledge needed to safely manage protected health information (PHI) while avoiding costly compliance pitfalls.

Learning Objectives

By the end of this webinar, participants will be able to:

1. Explain the fundamental differences between HIPAA and SAMHSA 42 CFR Part 2

2. Understand the purpose, scope, and enforcement mechanisms of each regulation

3. Identify types of records and patient information governed under SAMHSA and HIPAA

4. Learn the proper procedures for secure handling, storage, and release of sensitive records

5. Recognize the risks associated with non-compliance, including civil and criminal consequences

6. Apply best practices for documentation, auditing, and compliance monitoring

7. Analyze real-world scenarios and frequently asked questions (FAQs) regarding substance abuse, mental health, and alcohol records

8. Develop a comprehensive compliance strategy for both covered entities and business associates

Detailed Areas Covered

1. Updates for 2024

• Key changes in SAMHSA 42 CFR Part 2 regulations

• HIPAA 2024 updates impacting privacy and security requirements

• Emerging enforcement trends and federal priorities

• Implications for business associates and covered entities

2. Understanding SAMHSA

• Overview of SAMHSA’s role within the U.S. Department of Health and Human Services

• Mission to reduce the impact of substance abuse and mental illness on communities

• Scope of records protected under 42 CFR Part 2

• Civil and criminal enforcement provisions

3. Understanding HIPAA

• HIPAA Privacy Rule and Security Rule overview

• Differences between HIPAA and SAMHSA in record handling

• Applicability for covered entities and business associates

• Enforcement and penalties

4. Portable Devices

• Guidelines for managing PHI on mobile and portable devices

• Risk mitigation strategies for BYOD (Bring Your Own Device) policies

• Security protocols for encrypted messaging and mobile access

5. Record Release and Documentation

• When and how records can be legally released under HIPAA and SAMHSA

• Required documentation and patient consents

• Handling complex scenarios such as cross-state treatment, telehealth, and emergency disclosures

6. Enforcement and Legal Compliance

• Real-world case studies of HIPAA and SAMHSA enforcement actions

• Understanding federal audit procedures and investigations

• How to minimize civil and criminal liability

• Strategies for ongoing compliance monitoring

7. Comparative Analysis: HIPAA vs SAMHSA

• Key differences in scope, consent requirements, penalties, and applicability

• Practical guidance for organizations navigating overlapping regulations

• Examples of common compliance challenges and solutions

8. Best Practices for Compliance

• Implementing robust policies and procedures

• Training staff and business associates

• Continuous monitoring, auditing, and improvement

• Scenario-based strategies to avoid breaches and unauthorized disclosures

Who Will Benefit

This webinar is ideal for professionals responsible for handling sensitive health records or ensuring compliance in healthcare organizations, including:

• Practice Managers

• Medical Doctors and other Healthcare Professionals

• Compliance Officers and Risk Managers

• Business Associates including:

  • Billing companies

  • Transcription companies

  • IT service providers

  • Answering services

  • Home health agencies

  • Coders and auditors

  • Attorneys

Companies and Organizations That Will Benefit

• Private practices

• Hospitals and clinics

• Medical billing companies

• Transcription companies

• Home health groups

• Health insurance companies

• Ambulatory care facilities

• IT companies supporting healthcare

• Legal firms specializing in healthcare law

Benefits of Attending

Participants will gain:

• Clarity on HIPAA and SAMHSA 42 CFR Part 2 differences and overlaps

• Practical strategies for managing sensitive patient records safely and legally

• Knowledge to develop, implement, and monitor effective compliance programs

• Tools to reduce audit risk, legal exposure, and organizational liability

• Guidance on real-world scenarios, FAQs, and enforcement trends

• Insights to improve staff training and risk management practices