State Agency Leaders Featured Resource #3: Tools to Assist in Determining Part 2 Applicability

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Subject: State Agency Leaders Featured Resource #3: Tools to Assist in Determining Part 2 Applicability

State Agency Leaders

Monthly Featured Resource #3

Tools to Assist in Determining Part 2 Applicability

How to use this information:

As a State Agency Leader, your behavioral health provider network looks to you for simple, actionable tools to interpret and apply privacy regulations on the job.

The CoE-PHI website houses resources to help you play this role and will be featuring key resources that you can share with your colleagues and provider networks over the next several months.

This month's featured resources:

Decision Tree- Does Part 2 Apply to Me?

eLearning Module: Does Part 2 Apply to Me or My Practice?

Who is this for?

Staff that provide or administer substance use treatment services.

What is this about?

Substance use treatment providers and administrators often experience confusion regarding whether or not the federal confidentiality law and regulations for substance use treatment records, 42 USC § 290dd-2 and 42 CFR Part 2 (also known as “Part 2”) applies to them or their practice. These resources are designed to help these professionals determine whether their patients’ records are protected by Part 2.

It may be most useful for learners to first review the decision tree, and then complete the eLearning Module to assist with understanding Part 2 Applicability in further detail.

Key Points:

Determining whether Part 2 applies to your patients' records is a two-step process.
First, determine if you or your practice/unit is "Federally Assisted".
If you are a Federally Assisted provider, next determine if you or your practice/unit meet the definition of a "Program".

Access decision tree

Access eLearning module

Make sure your provider network has the information they need.

We encourage you to send this communication on to your colleagues and network of providers to make sure they have the information they need to coordinate care and protect patient privacy.

For any questions or concerns, or to share a resource or request technical assistance, please contact us on our website.

Join our mailing list to be notified when the CoE-PHI releases new learning opportunities and resources, or our dedicated Privacy, Compliance, and Quality (PCQ) mailing list for access to complete training packages that can be used by organizations.

Funded by SAMHSA, the CoE-PHI develops and disseminates resources, training, and TA for states, healthcare providers, school administrators and individuals and families to improve understanding and application of federal privacy laws and regulations, including FERPA, HIPAA, and 42 CFR Part 2, when providing and receiving treatment for SUD and mental illness.

Resources, training, technical assistance, and any other information provided through the CoE-PHI do not constitute legal advice.

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Subject: State Agency Leaders Featured Resource #3: Tools to Assist in Determining Part 2 Applicability