Course Description:

This course on confidentiality is designed for practitioners working in substance abuse programs that are already in compliance with 45 CFR part 2.  It explains which programs must comply with the privacy rule and outlines what compliance will require.   The guidance in this course is not a legal opinion, rather helpful suggestions developed by the US Department of Health and Human Services. 

In December, 2000, the Department of Health and Human Services (HHS) issued the “Standards for Privacy of Individually Identifiable Health Information” final rule (Privacy Rule), pursuant to the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 CFR Parts 160 and 164, Subparts A and E.¹ Substance abuse treatment programs that are subject to HIPAA must comply with the Privacy Rule.^{2 3} Substance abuse treatment programs that already are complying with Part 2 should not have a difficult time complying with the Privacy Rule, as it parallels the requirements of Part 2 in many areas. Programs subject to both sets of rules must comply with both, unless there is a conflict between them. Generally, this will mean that substance abuse treatment programs should continue to follow the Part 2 regulations. In some instances, programs will have to establish new policies and procedures or alter existing policies and practices. In the event a program identifies a conflict between the rules, it should notify the Substance Abuse and Mental Health Services Administration of HHS immediately for assistance in resolving the conflict. This guidance is for substance abuse treatment programs that are subject to and already complying with the confidentiality requirements of Part 2.⁴ It explains which programs must also comply with the Privacy Rule and outlines what compliance will require. The guidance is not a legal opinion. To comply with the Privacy Rule, programs should apply this guidance to their individual situations; programs may also want to call upon State agencies, provider organizations and legal counsel for assistance in establishing and implementing the practices and policy changes required by the Privacy Rule.

This course is appropriate for practitioners working in substance abuse programs who are at the beginning, intermediate and advanced level.  It is designed to increase their knowledge of implementing the HIPPA Privacy Rule in an agency or program that is already complying with 45 CFR Part 2.   

Authors: U.S Department of Health and Human Services

Learning Objectives:  This course provides detailed information regarding the similarities and differences between the HIPPA Privacy Rule and 45 CFR Part 2. Specifically, a professional will:

1. Describe when disclosures are permitted under 42 CFR                           
2. Recognize how the privacy rule affects disclosures of information                
3. Identify similarities and differences between 42 CFR Part 2 and the HIPPA Privacy Rule

Citation:  U.S Department of Health and Human Services (2011). The Confidentiality of Alcohol and Drug Abuse Patient Records Regulation and the HIPAA Privacy Rule: Implications for Alcohol and Substance Abuse Programs.