SAMHSA 42 CFR Part 2 Compliance & HIPAA Comparison – 2024 Updates

The U.S. Department of Health & Human Services (HHS), through SAMHSA and the Office for Civil Rights (OCR), recently finalized key modifications to the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations under 42 CFR Part 2. These updates impact how healthcare providers and business associates manage sensitive patient records for substance use, mental health, and alcohol-related care.

This interactive webinar will guide practice managers, compliance officers, and business associates through the latest regulatory updates, practical compliance strategies, and a comparative analysis between SAMHSA Part 2 and HIPAA privacy rules.

Key Updates in the New Part 2 Rule (2024)

• Patient Consent: Single, comprehensive consent for all future treatment, payment, and healthcare operations, allowing covered entities to redistribute records in compliance with HIPAA.

• Expanded Uses & Disclosures: Clarifies permissible record use and sharing within treatment and operational contexts.

• Enforcement & Penalties: Aligns Part 2 penalties with HIPAA, replacing outdated criminal penalties with civil and criminal enforcement consistent with HIPAA violations.

• Breach Notification: Applies HIPAA Breach Notification Rule standards to Part 2 records.

• Patient Notice Requirements: Harmonizes Part 2 notice obligations with HIPAA’s Notice of Privacy Practices.

• Safe Harbor Provisions: Limits liability for investigative agencies that act diligently to determine Part 2 applicability before requesting records, including specific steps if records are received without the required court order.

Webinar Highlights

• Overview of the latest SAMHSA updates effective January 2024.

• Scenarios and frequently asked questions regarding Substance Use, Mental Health, and Alcohol Records.

• Comparative analysis of SAMHSA Part 2 and HIPAA requirements.

• Guidance on information security, record release protocols, and compliance best practices.

• Practical insights for practice managers and business associates handling sensitive patient records.

• Real-world examples to ensure organizations remain compliant while coordinating care effectively.

Why You Should Attend

The 42 CFR Part 2 regulations protect patient records from unauthorized disclosure while facilitating coordinated care, especially critical in response to the opioid epidemic. Compliance is crucial to avoid civil and criminal penalties, protect patient privacy, and enhance operational efficiency. This webinar equips participants with the knowledge to secure, release, and manage sensitive records in alignment with federal requirements.

Who Should Attend

• Practice Managers overseeing mental health, SUD, or alcohol-related care.

• Business Associates working with protected records, including billing companies, transcription services, IT providers, home health, coders, and legal professionals.

• Physicians and other healthcare professionals managing patient records within federally assisted programs.