SAMHSA Releases FAQ’s for Applying Substance Abuse Confidentiality Regulations to Health Information Exchange

Date: 6/17/2010 5:30 PM
Media Contact: SAMHSA Press Office
Telephone: 240-276-2130

The Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office of the National Coordinator (ONC) for Health Information Technology announced today the release of the Frequently Asked Questions (FAQs) for applying the Substance Abuse Confidentiality Regulations to Health Information Exchange (HIE).

The Substance Abuse Confidentiality Regulations, 42 CFR Part 2, govern the use and disclosure of alcohol and drug abuse patient records that are maintained at federally funded substance abuse programs. Both SAMHSA and ONC want to assure that our constituents receive every tool and resource possible to enable a more complete understanding of these federal regulations which were enacted in 1972 and in 1975. The FAQs set forth the general provisions of Part 2, provide guidance on the application of 42 CFR Part 2 (“Part 2”) to electronic health records (EHRs), and identify methods for including substance abuse patient record information into health information exchanges that are consistent with the Federal statute.

The FAQs will serve as a valuable resource to a variety of individuals, including specialty and medical providers as well as HIE technical developers and policy makers. The FAQs are not meant to provide legal advice.

SAMHSA and ONC are both committed to adhering to the Federal protections of 42 CFR Part 2 and the importance of promoting behavioral health in electronic health records. A meeting is being planned for August 4^th from 8:30 a.m.-12:30 p.m. to provide those interested an opportunity to provide input on the utility of the FAQs.

SAMHSA is a public health agency within the Department of Health and Human Services. Its mission is to reduce the impact of substance abuse and mental illness on America’s communities.