In February 2024, the US Department of Health and Human Services (HHS) released the final rule modifying the Confidentiality of Substance Use Disorder (SUD) records under 42 CFR Part 2. These updates are designed to align more closely with the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Key Changes
- A single consent now covers all future uses and disclosures for treatment, payment and healthcare operations (TPO).
- HIPAA-covered entities and business associates can redisclose records in accordance with HIPAA guidelines.
CRISP DC’s Response to 42 CFR Part 2 Updates
To align with the revised 42 CFR Part 2 regulations, CRISP DC has been collaborating with our legal counsel, the HIE Policy Board, and the DC Department of Behavioral Health to update the SUD treatment consent form and notify partner organizations about these changes.
As of October 1, 2024, the updated SUD treatment consent form is available in the CRISP DC Consent tool. Beginning on January 6th, 2025, 42 CFR Part 2 covered SUD data will begin to be shared through the HIE under the updated SUD treatment consent form.
Key Features
- Consent workflow remains the same.
- Patients now have one option to share SUD data for (TPO).
- Expiration date can be set to “does not expire”, though patients can revoke their consent anytime.
- Managed Care Organizations (MCOs) can submit a beneficiary’s consent to share SUD data through the HIE and view SUD data in the HIE.
Questions?
If you have any additional follow up questions regarding the CRISP DC Consent Tool or required documentation and changes that took effect on October 1, 2024, please reach out to your eHealthDC TA Lead (Rocio Payne, Sade Mayfield or Renee Moore) or CRISP DC Project Lead Abby Lutz.