Title 42 of the Code of Federal Regulations Part 2 (often referred to as 42 CFR Part 2, or simply “Part 2”) regulates the sharing of substance use disorder (SUD) records. Protecting patients’ confidentiality is of the utmost importance but the outdated nature of Part 2 has created barriers for providing the best care possible to individuals with SUD, often leaving clinicians unaware of risks from multiple drug interactions and co-existing medical problems.
In June, the House of Representatives passed HR 6082, the Overdose Prevention and Patient Safety Act by a vote of 357 to 57. The OPPS Act enables appropriate sharing of substance use disorder records by aligning Part 2 with HIPAA for purposes of treatment, payment, and operations. The bill also includes criminal, civil, and administrative protections for patients during legal proceedings and applies HIPAA penalties to the Part 2 program to ensure that patients can seek treatment without fear their information will be inappropriately shared.
The US Senate is scheduled to vote on the Opioid Crisis Response Act of 2018 on Monday, September 17. Upon passage, leaders in the House and Senate are expected to quickly reconcile differences between the two chambers’ bills. While the existing legislation represents critical steps in addressing the opioid and drug epidemic that claimed 72,000 lives in 2017, any final package would be further strengthened by the inclusion of provisions aligning Part 2 with HIPAA.
We need you to call your lawmakers in Congress and urge them to include provisions aligning Part 2 with HIPAA (HR 6082/S 1850) in the final opioid package. AHIMA’s Advocacy Action Center has everything you need to take action.
Your assistance is critical in getting Part 2 reform included in the final opioid package!