Confidentiality Law: 42 CFR, Part 2

Federal Confidentiality Law 42 CFR, Part 2, was written expressly for people seeking or entering treatment for substance abuse disorders in order to destigmatize the client and to provide safe treatment opportunities for those seeking help. In many cases it is much stricter than HIPAA and requires precise details needed for the confidentiality waiver to be valid under law. This is a legal requirement for disclosures, with stiff penalties for breaches, for most practitioners or entities who routinely engage in referral or treatment for substance use disorders. This presentation will encompass all major aspects of 42 CFR, Part 2, including the following:

 

1.Reasons for the law

2.Who must comply

3.How “disclosure” is defined

4.The exceptions to confidentiality

5.The nine criteria required for a valid release

6.Responding when there is no release

7.Responding when you are not sure there is a release

8.Limiting disclosure when there is a release

9.Avoiding implicit disclosures

10.Dealing with persistent callers when there is no release

11.Confidentiality in a medical emergency

12.Confidentiality with family and friends

13.Disclosures when the criminal justice system is involved

14.Disclosures pertinent to a criminal investigation and possible prosecution

15.HIPAA versus CFR 42, Part 2

16.Re-disclosure warning 

 

Several potential difficult and/or confusing scenarios will be discussed to help participants navigate common, yet problematic, issues that arise in adhering to the law. Participants in the presentation will leave with a clear idea of the rules and requirements of 42 CFR, Part 2 and will possess the knowledge to implement compliance with the law that will safeguard clients’ rights and preserve high ethical standards.