New Regs Restrict Release of Patient Info w/Substance Use Disorder Dxs

Date: Thursday, June 6, 2024 1:00PM EST Length: 60 Minutes Expert: Melissa Soliz, JD

New federal regulations significantly limit your use and disclosure of patient information when there is a diagnosis of substance use disorder (SUD) anywhere in their medical record, regardless of why you are currently seeing the patient.

The recently released Substance Use Disorder Patient Records Regulations (42 CFR Part2) restricts you from releasing even the smallest detail about a patient with a substance use disorder (SUD) diagnosis — even pursuant to a court order — without meeting specific criteria first.  And should you incorrectly disclosure restricted substance use disorder information, this new rule has increased fines as high as $2 million per violation.

This Final Rule is 162-pages of legalese and will most certainly be a nightmare to untangle and correctly implement. It changes how and when you can disclose SUD data, modifies reporting requirements and even alters the mechanism for violation enforcement. It’s simply too risky to implement this new rule without some expert advice.

That’s where health data and interoperability attorney and privacy expert Melissa Soliz, JD comes in. Melissa will present a 60-minute online training on Thursday, June 6th at 1pm ET, with actionable step-by-step advice to help you implement strategies to support your compliance with the new substance use disorder use and disclosure regulations and mitigate the risk of being hit with massive violation fines.

Below are just a few of the plain-English strategies Melissa will share so you can stay compliant with the new substance use disorder rules and keep your patient data private:

  • Implement new consent requirements for your SUD patients
  • Avoid easy to make downstream redisclosure violations
  • Comply with new enforcement changes to avoid massive penalties
  • Identify portions of new SUD regulations that can benefit your practice
  • Uncover compliant plan requirements to head off costly violations
  • Discover how these changes will impact patient care — and what you can do about it
  • Pin down when a court order does require you to release SUD records
  • And much, much more

Even an accidental use or disclosure of patient substance use disorder data can cost you thousands. The good news is that by attending Melissa’s online training, you’ll receive proven strategies to help you more successfully comply with these new federal regulations and avoid significant violation penalties.

Don’t wait — register today for this exclusive must-attend online training event!

Meet Your Expert

Melissa Soliz

Melissa Soliz is a partner with Coppersmith Brockelman, PLC in Phoenix, Arizona. Her regulatory health law practice focuses on compliance with data privacy, access and interoperability laws (such as HIPAA, 42 C.F.R. Part 2, the ONC Information Blocking Rule, the CMS Interoperability and Patient Access Rule, and state laws), health information exchange (HIE) (including the Trusted Exchange Framework and Common Agreement (TEFCA)), behavioral health/substance use disorder law issues, data breaches and OCR investigations, as well as clinical research compliance and contracting.

Melissa regularly speaks in local and national forums on these topics and has been active in state and federal policy making on data privacy and HIE issues. She is the President of the Arizona Society of Healthcare Attorneys and is recognized by Best Lawyers© and Southwest Super Lawyers: Rising Stars© for her work in health law.