Substance, Mental Health, and General Health Records: Overlap and Inconsistency in HIPAA and 42 CFR Part 2

HIPAA broadly protects nearly all health records. 42 CFR Part 2 places additional restrictions on uses and disclosures of substance use disorder records. Mental health records enjoy many state law protections. Putting all these laws together is often a challenge.

This course, presented by Nathan Kottkamp, will identify the various ways in which HIPAA and 42 CFR Part 2 provide harmonious rules for health records protection and how they are inconsistent. The presentation will cover the history of how the two rules were developed and where they are likely to be going in the future.

Learning Objectives:

1. Identify how HIPAA and 42 CFR Part 2 differ 

2. Review the primary disclosure restrictions in 42 CFR Part 2

3. Distinguish the rules for issuing subpoenas under HIPAA and 42 CFR Part 2  

4. Recognize the different requirements for written patient authorizations under HIPAA and 42 CFR Part 2

5. Recognize the different agreements required for sharing information with third parties