How does 42 CFR Part 2 Affect Me?

 

What is 42 CFR Part 2?

42 CFR Part 2 imposes regulations on the disclosure and use of alcohol and drug abuse patient records which are maintained with any federally assisted alcohol and drug abuse program.  These regulations are intended to insure that an alcohol or drug abuse patient is not made more vulnerable by reason of the availability of his or her patient record than an individual who has an alcohol or drug problem and who does not seek treatment.

 

Is my practice affected by these regulations?

Healthcare facilities and parties affected by these regulations include those that are federally assisted alcohol and drug abuse programs. 

Restrictions of disclosures of these regulations also apply to:

  • Third party payers with records disclosed to them by federally assisted alcohol or drug abuse programs

  • Entities having direct administrative control over programs with regard to information communicated to them by the program

  • Persons who receive patient records directly from a federally assisted alcohol or drug abuse program and who are notified of the restrictions on disclosure of the records

 

What happens if I violate these regulations?

Violations will be directed to the US Attorney for the judicial district in which the violation occurs.  Any person who violates any provision shall be fined no more than $500 for the first offense, and no more than $5,000 in subsequent offenses.

 

What do I do now?

If your practice is not considered a federally assisted alcohol and drug abuse program, your practice may still be held accountable to abiding by these regulations if you receive records on patients from a federally assisted alcohol or drug abuse program.  It is important for you and your staff to be educated on what your responsibilities are in protecting the records of patients of drug and alcohol abuse programs.  For more detailed information on 42 CFR Part 2 to assist you and your practice, click here.

 

 

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