HIPAA

Part 2 Guidance - anything new?

  • 1.  Part 2 Guidance - anything new?

    Posted 03-26-2020 07:22 AM

    Hello ~

     

    I'm following the discussion threads related to the Part 2 Guidance – apparently Politico posted something about "overnight" overhaul to the Part 2 Guidance with COVID-19.  I'm being peppered with questions from everyone asking if there is something new.

     

    Could anyone out there help direct me to this "new" news? Or is another repost of old news...?

     

    Elizabeth Taylor, MS, RHIT, CHC

    Hartford, Connecticut

     




    This correspondence contains proprietary information some or all of which may be legally privileged; it is for the intended recipient only. If you are not the intended recipient you must not use, disclose, distribute, copy, print, or rely on this correspondence and completely dispose of the correspondence immediately. Please notify the sender if you have received this email in error. NOTE: Messages to or from the State of Connecticut domain may be subject to the Freedom of Information statutes and regulations.

    2020 HCCA Compliance Institute


  • 2.  RE: Part 2 Guidance - anything new?

    Posted 03-26-2020 12:39 PM
    I haven't heard anything "new".

    ------------------------------
    David Garrison
    Compliance/Privacy Officer
    SEARHC
    Juneau,AK
    ------------------------------

    2020 HCCA Compliance Institute


  • 3.  RE: Part 2 Guidance - anything new?

    Posted 03-26-2020 01:32 PM

    Thank you kindly.... I was not aware of anything new either but you know how it is – once someone asks the questions and adds numerous people to the distribution the tidal wave of questions comes rolling in...

     

    Thank you for the quick response J

     




    2020 HCCA Compliance Institute


  • 4.  RE: Part 2 Guidance - anything new?

    Posted 03-26-2020 02:57 PM

    You can always use the Federal Register as your proof by using the technique Frank has outlined previously for checking changes to existing regulations.  

     

    Best Regards,

    Scot Lovejoy   

    Scot Lovejoy RPh. CHC CHPC

    Chief Pharmacy Officer

    Compliance Officer

    Agadia_itself (625x184) (625x184) (100x29)

    9 Campus Drive, 2nd Floor East

    Parisippany, N.J. 07054

    (O) 973-540-8400  x227

    (C) 973-570-3803

    (F) 973-540-8440

     

    Confidentiality Notice:  This e-mail is intended only for the person(s) to whom it is addressed and may contain information that is confidential, proprietary, privileged or otherwise protected from disclosure.  If you are not an intended recipient, please (i) do not read, copy or use this communication, or disclose it to others, (ii) notify the sender immediately by replying to the message, and (iii) delete the e-mail from your system.  Thank you.

    No copyright infringement intended.

     

     




    2020 HCCA Compliance Institute


  • 5.  RE: Part 2 Guidance - anything new?

    Posted 03-27-2020 07:25 AM
    Greetings:
    Section 3221 of the Coronavirus stimulus bill passed (soon) by congress revamps significant portions of the federal law that governs the confidentiality and disclosure of substance abuse disorder treatment information.  In general, the bill tries to align the definitions with the HIPAA standards, allows for disclosure of SUDs data for purposes of TPO once a single consent has been obtained from the patient, sets up an enforcement mechanism for impermissible uses and disclosures along with penalties, and adds the HITECH breach notification provisions to unauthorized disclosures compromising this data.  It is important to note, the new law that would change the uses and disclosures of SUD data does not take effect for a year after the bill is signed.  And, it will require that HHS develop and adopt new 42 CFR Part 2 regulations through notice and comment rulemaking.

    ------------------------------
    David Holtzman
    Executive Advisor
    CynergisTek, Inc.
    Austin,TX
    ------------------------------

    2020 HCCA Compliance Institute


  • 6.  RE: Part 2 Guidance - anything new?

    Posted 03-27-2020 11:14 AM
    Thanks for the heads up David. Foley & Lardner, Inc has a very good explanation (article) of this upcoming legislation too.

    ------------------------------
    David Rothery, CHC, AWI-CH
    Compliance & Privacy Officer
    Marin County, CA


    These are my personal opinions and not those of the County of Marin
    ------------------------------

    2020 HCCA Compliance Institute


  • 7.  RE: Part 2 Guidance - anything new?

    Posted 03-27-2020 11:19 AM

    It will be years before this is implemented. I will pay attention when SAMSHA issues a NPRM. Thanks.

     

    David Holtzman

    Executive Advisor

    CynergisTek, Inc.

    (240)720-1365 (office)

    (240)418-5018 (cell)

    david.holtzman@cynergistek.com

    www.cynergistek.com 

    @HITprivacy

     

    signature_2087648861 

     

     

    CONFIDENTIALITY NOTICE: This email message is intended only for the use of the individual or entity, which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by telephone or return email, delete the message from your computer system, and return any hard copies to us at the following address via the U.S. Postal Service: CynergisTek, Inc. 11940 Jollyville Road, Suite 300-N, Austin, TX 78759. Thank you.

    Please consider the environment before printing this email.



    2020 HCCA Compliance Institute


  • 8.  RE: Part 2 Guidance - anything new?

    Posted 03-29-2020 08:10 PM
    It is in the regulation now. It will take years to implement. Sorry I can't upload. I'm on a tablet.
    Lyn

    ------------------------------
    Lyn Snow
    Compliance Officer
    CO Dept of Human Services
    Denver,CO
    ------------------------------

    2020 HCCA Compliance Institute


  • 9.  RE: Part 2 Guidance - anything new?

    Posted 03-30-2020 08:06 AM
    Thank you everyone ~ I didn't think anything new had been implemented but apparently a few folks were referring to the notices and given the current environment, thought it had been implemented now.

    Many thanks!

    ------------------------------
    Elizabeth Taylor, MS, RHIT, CHC
    Chief Compliance Officer
    Hartford, CT
    ------------------------------

    2020 HCCA Compliance Institute


  • 10.  RE: Part 2 Guidance - anything new?

    Posted 03-30-2020 10:34 AM
    Correction:
    It will NOT take years.

    ------------------------------
    Lyn Snow
    Compliance Officer
    CO Dept of Human Services
    Denver,CO
    ------------------------------

    2020 HCCA Compliance Institute


  • 11.  RE: Part 2 Guidance - anything new?

    Posted 03-28-2020 08:30 AM
    Thank you to everyone for your input on this topic, I appreciate it very much.  More to watch...

    ------------------------------
    Elizabeth Taylor, MS, RHIT, CHC
    Chief Compliance Officer
    Hartford, CT
    ------------------------------

    2020 HCCA Compliance Institute