New FAQs: Privacy of Individually Identifiable Health Information (Privacy Rule)
FAQs PDF Document
Emailed June 17, 2010 by Office of National Coordinator for Health IT
The Substance Abuse & Mental Health Services Administration (SAMHSA) and the Office of the National Coordinator (ONC) for Health Information Technology announced yesterday the release of the Frequently Asked Questions (FAQs) for Applying the Substance Abuse Confidentiality Regulations to the Health Information Exchange (HIE).
The Substance Abuse Confidentiality Regulations, 42 CFR Part 2, govern the use and disclosure of alcohol and drug abuse patient records that are maintained at federally funded substance abuse programs. Both SAMHSA and ONC want to ensure that our constituents receive every tool and resource possible to allow a more complete understanding of these Federal regulations, which were enacted in 1972 and 1975. The FAQs outline the general provisions of 42 CFR Part 2, provide guidance on its application to electronic health records, and identify methods for including substance abuse patient record information into health information exchange that is consistent with the Federal statute.
The FAQs will serve as a valuable resource to a variety of individuals, including specialty and medical providers, as well as HIE technical developers and policymakers. The FAQs are not meant to provide legal advice.
Both SAMHSA and ONC are committed to adhering to the Federal protections of 42 CFR Part 2 and recognize the importance of promoting behavioral health in electronic health records. A meeting is being planned for August 4, from 8:30 a.m. to 12:30 p.m. to provide those interested an opportunity to provide input on the utility of the FAQs.
Read More About Health Privacy
http://www.samhsa.gov/HealthPrivacy/
# # #
From ONC site on June 21, 2010:
Substance Abuse Confidentiality Regulations FAQs - ”A Frequently Asked Questions (FAQs) document for applying the Substance Abuse Confidentiality Regulations to Health Information Exchanges (HIEs) was released on 6/16/2010. This document is an educational tool that serves as a resource for practitioners in the field, as they are applying the Substance Abuse Confidentiality Regulations to Health Information Exchange activities, but does not provide legal advice to its user. ”
From Substance Abuse & Mental Health Services Administration (SAMHSA)
Health Information Privacy June 21, 2010
Substance Abuse Confidentiality Regulations
Frequently Asked Questions: Applying the Substance Abuse Confidentiality Regulations to Health Information Exchange (HIE) 
(pdf file | 81 kbytes) | Cover Page (26 kbytes) | Posted on 06/16/2010
Privacy and e-Consent in Three Countries (pdf file | 731 kbytes)
Feb 16, 2007
The Confidentiality of Alcohol and Drug Abuse Patient Records Regulation and the HIPAA Privacy Rule: Implications for Alcohol and Substance Abuse Programs (pdf file | 192 kbytes)
June 2004
Confidentiality of Alcohol and Substance Abuse Patient Records regulation (42 CFR Part 2)
Electronic Code of Federal Regulations: e-CFR Data is current as of June 17, 2010
HHS, Office for Civil Rights – HIPAA
HHS, Office of National Coordinator (ONC)
# # #
Mary Mosquera of Government Health IT reported June 21, 2010 on the “guidelines on the conditions under which records pertaining to a patient’s alcohol and drug abuse can be shared via electronic health information exchange systems.”
