What is new?
In February 2024, the US Department of Health and Human Services (HHS) released the final rule that would modify the Confidentiality of Substance Use Disorder Records regulations at 42 CFR Part 2 to align more closely with certain aspect of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Following the release of this final rule CRISP DC has been working closely with our legal counsel, HIE Policy Board and the DC Department of Behavioral Health to update our current consent form, notify organizations of the upcoming changes, and create timelines for a roll out.
On October 1, 2024, the new Part 2 Provider Consent from went live in the HIE’s eConsent platform to support patient consent! This new consent form will enable consent capture for treatment, payment and operations (TPO).
What are the Major Changes?
- Allows a single consent to be captured for all future uses and disclosures for treatment, payment and healthcare operations.
- Allows HIPAA covered entities and business associates that receive records to redisclose the records in accordance with HIPAA regulations.
How does this affect the Part 2 Provider Form?
- The process for capturing a patient’s consent through the CRISP DC Consent Tool will remain the same. However, there are slight changes to the content of the form to align with the new rule
- Now only one options for patients to select to share SUD data for the purposes of treatment, payment and healthcare operations
- Option for the expiration date to be set to “does not expire”, patients can still revoke their consent at any time if they chose to no longer share their SUD data through the HIE.
- In addition to slight changes to the form, now that the rule has been expanded to allow for payment, MCOs are able to submit a beneficiary’s consent to share SUD data through the HIE and they are now able to view beneficiary 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.