SAMHSA issues guidance on disclosure of substance use disorder patient information

March 23, 2020

Blog Post

On March 19, 2020, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued guidance on disclosure of substance use disorder (SUD) information during the COVID-19 pandemic national emergency period.

The 42 CFR Part 2 regulations generally require the patient’s written consent in order to use or disclose patient identifying information from SUD patient records of a Part 2 program. As noted by SAMHSA, the medical emergency regulation (42 C.F.R. § 2.51) of 42 CFR Part 2 allows disclosure to medical personnel (and re-disclosure for treatment) to meet a bona fide medical emergency if the patient’s consent can not be obtained and the following information is documented in the patient’s record immediately following disclosure:

The name of the medical personnel to whom disclosure was made and their affiliation with any health care facility;
The name of the individual making the disclosure; and
The date and time of the disclosure.

Although the Office for Civil Rights (OCR) on March 17, 2020 waived potential HIPAA penalties against health care providers that treat patients through remote audio or video communication technologies during the COVID-19 nationwide public health emergency, providers face additional hurdles to disclosing SUD information that is protected under 42 CFR Part 2. SAMHSA emphasized that in order to satisfy the medical emergency exception the provider must make his or her own determination of whether a medical emergency exists for the purpose of providing medical treatment.

For questions or assistance, contact the attorney listed below.

Over the past 24 months, the U.S. Department of Health and Human Services Office for Civil Rights has brought notable enforcement efforts against several non-profit covered entities and business associates, resulting in instances of six and seven-figure penalties against providers across the county for incidents involving breaches of protected health information.

A new amendment to New York state law, which would have required all healthcare providers to obtain separate consents from patients for treatment and payment is on hold until further guidance is released, according to the New York Department of Health.

On November 1, 2024, the Centers for Medicare & Medicaid Services issued the Medicare Physician Fee Schedule 2025 final rule, which establishes new advanced primary care management billing codes that will expand opportunities for physician practices, federally qualified health centers, rural health clinics and other health care providers to get paid for services provided by clinical staff under the direction of a physician, nurse practitioner or physician assistant beginning January 1, 2025.

SAMHSA issues guidance on disclosure of substance use disorder patient information

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