42 CFR Part 2

One step closer to aligning 42 CFR Part 2 with HIPAA

The Overdose Prevention and Patient Safety Act was passed by the U.S. House of Representatives and is on it's way to consideration by the U.S. Senate. Among other provisions,  H.R. 6082 allows the health records of substance abuse disorder patients to be disclosed without specific written consent from patients for the purposes of treatment, payment, and healthcare operations (TPO).  Currently, the only exception to the specific consent requirement of Part 2 is a bona fide medical emergency. If passed by the Senate and signed into law, the one sticking point for most medical providers who are either Part 2 programs or lawful holders of Part 2 protected information will be unstuck because of the alignment with the HIPAA Privacy Rule.