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Format: On-Demand Webinar
Presenter: Kim Cunningham, JD, CIPP/US, CHC
Time: You can access the webinar anytime
Duration: 60 minutes
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Federal regulation 42 CFR Part 2 (known as “Part 2”) protects the confidentiality of substance use disorder treatment records, when the records are created by a Part 2 program. Part 2 is significantly stricter than HIPAA, requiring the patient’s consent to use or disclose the records for any purpose, including treatment and payment.

Part 2 carries criminal penalties. Learn how you can protect your patients, yourself and your organization from running afoul of Part 2. In this webinar, you will learn the public policy behind the Part 2 regulation, when the regulation applies and what type of information is covered. We will briefly discuss pending modifications.

Learning Objective:

  • The public policy behind Part 2
  • When Part 2 applies
  • What a Part 2 program is
  • What Part 2 records are
  • How to protect Part 2 records
  • Patient consent requirements under Part 2
  • When Part 2 records can be disclosed
  • Requirements for Part 2 court order or subpoena
  • How to respond to a Part 2 court order or subpoenas
  • Potential penalties under Part 2
  • Pending modifications to Part

Areas Covered in the Session

    • What is Part 2?
    • When does Part 2 apply?
    • Part 2 Program
    • Federally-Assisted SUD Providers
      • Opioid Treatment Programs (OTP)
      • Non-profit organizations
      • Federally qualified health centers (FQHCs)
      • Community health centers (CHCs)
      • DATA 2000-waivered practitioner
      • Medicare-certified hospitals
    • Program: What about Primary Care Providers providing Medication Assisted Treatment (MAT)?
    • Patient Consent under Part 2
    • Who can consent on the patient’s behalf?
    • What is required to comply with Part 2?
    • Notice of Prohibition on Redisclosure
    • Qualified Service Organization Agreements with Qualified Service Organizations
    • What are the penalties under Part 2?
    • What modifications to Part 2 are pending?
    • What are some practical tips for operationalizing Part 2?

Suggested Attendees

  • Healthcare CEOs
  • Healthcare CFOs
  • Compliance Directors
  • Chief Information Officers
  • Information Systems Managers
  • Healthcare Counsel/lawyers
  • Health Information Managers
  • Office Managers
  • Hospital compliance officers
  • Privacy officers
  • Security Officers
  • Medical records workforce
  • Behavioral Health and Psychological providers
  • Inpatient behavioral health workforce
  • Supply Chain
  • General Counsel
  • Business associates

About the Presenter

Kim Cunningham is a licensed attorney in South Carolina and Ohio and a Certified Information Privacy Professional (IAPP). Kim has been practicing healthcare compliance with a focus on privacy for more than five years. Kim has worked to operationalize Part 2 requirements in both the outpatient and inpatient settings while also ensuring compliance with HIPAA and state privacy laws.

Snippet From Our Previous Session

Course Content

You can access all the webinar materials after successful payment

  • Webinar Link + Handouts PDF
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