Comply with 42 C.F.R. Part 2 & Combat the Opioid Epidemic

Event Information
Product Format
Prerecorded Event
60 minutes
Product Description

Overcome Part 2 Barriers To Treatment for Opioid Use

The opioid epidemic is officially a public health emergency: Approximately 116 people die every day in the U.S from opioid-related drug overdoses. And the crisis shows no signs of decelerating despite millions of dollars earmarked for treatment programs—as well as increased monitoring requirements under which health care organizations like yours are obliged to report overdoses and deaths. One often overlooked obstacle to your effective participation in this monitoring is that federal regulations actually put you in a compliance Catch 22: Heed reporting requirements or records disclosure law?

42 C.F.R. Part 2—the Federal Confidentiality of Substance Use Disorder Patient Records (or Part 2) creates a barrier to effective care because it generally prohibits federally assisted substance use disorder programs from disclosing health information, without written patient consent, for the purposes of treatment, payment, health care operations and public health reporting.  And Part 2 violations carry criminal penalties.

Join expert speaker Melissa Soliz as she breaks down a complex legal concept into a set of straightforward questions health care organizations can ask to determine Part 2 applicability and compliance obligations. Specifically, she will explain the Part 2 regulations’ consent requirements and how to identify and determine when an exception to those requirements is available. Soliz will also teach you how to structure a patient consent process that gives the patient’s treating providers and health plans access to important substance use disorder information.

After attending this informative session, you will be able to determine when your health care facility, a unit within that facility, or other personnel are a “Part 2 Program” under 42 C.F.R. Part 2. You’ll understand how to determine whether a patient’s substance use disorder information is protected by the regulations, and how to craft policies and procedures for the permissible disclosure of protected substance use disorder information. Finally, you’ll understand how to implement a process for the disclosure of protected substance use disorder information—without incurring penalties.

Session Highlights

This webinar will reveal:

  • What the federal and state governments are doing to increase access to opioid treatment programs
  • When Part 2 applies
  • When Part 2 creates barriers to treatment and public health reporting
  • Part 2 regulations’ consent requirements and exceptions to those requirements
  • How to structure a consent process that gives the patient’s treating providers and health plans access to important patient substance use disorder information
  • A deeper understanding of the 2017 and 2018 revisions to Part 2—and their consequences
  • Solutions for complying with the Part 2 regulations while effectively combating the opioid epidemic

Session Agenda

  • Brief historical overview of 42 C.F.R. part 2
  • Determining applicability in 3 Steps
    • What information?
    • From whom?
    • How was it received?
  • Overview of 2017 and 2018 changes
  • Disclosure restrictions and exceptions
  • Overview of consent requirements
  • Structuring a consent process for sharing SUD information for TPO

 Who Should Attend

  • Legal counsel (both in-house and outside)
  • Privacy officers
  • Health information management (HIM) personnel
  • Health care organization personnel
  • Compliance professionals
  • CEO

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About Our Speaker

Melissa A. Soliz

Melissa A. Soliz is a senior associate at Coppersmith Brockelman PLC in Phoenix, Arizona. The focus of her regulatory healthcare practice is on federal and state confidentiality laws (with an emphasis on 42 C.F.R. Part 2), data sharing for health information exchange and research, data breach reporting, regulatory compliance and contracting for human subjects research, Arizona licensing and scope of practice requirements, and other state and federal regulatory...   More Info
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