Part 2 Remains Intact

The hopes of HIM professionals, HIPAA Privacy Officers and some SUD program administrators were dashed with the decision by Congress that the bicameral version of the pending opioid legislation will not include provisions to align 42 CFR Part 2 with HIPAA in respect to the Treatment, Payment, and Operations (TPO) exclusions. As health systems increasingly diversify offerings to include services meeting the definition of a Part 2 program, the complexity of managing consents, authorizations, and routine exchange of clinical information for continuity of care will not be eased as was hoped by the stakeholders managing the intersection of HIPAA and Part 2 compliance.

Not all stakeholders are disappointed. The Legal Action Center (LAC) released a celebratory notice, stating in part, ““In the midst of the nation’s worst addiction epidemic in history, we must ensure that our policies encourage people to seek the care they need to get and stay well.”