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Tags Posts tagged with "Confidentiality"

Confidentiality

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With state and federal laws governing the use and disclosure of confidential substance use disorder (SUD) information having undergone significant changes, including the recently announced final rule modifying 42 CFR Part 2, the Pennsylvania Department of Drug and Alcohol Programs (DDAP) issued Licensing Alert 04-2024 to clarify the identification of recipients of confidential SUD information for treatment, payment, or healthcare operations for compliance with 28 Pa. Code § 709.28(c)(1).

Consent forms must now include names of recipients, with a single form applicable for future disclosures, using a generalized recipient description. Treatment providers are urged to ensure their consent forms comply with these regulations and updated policies. For additional questions treatment providers can contact the Bureau of Program Licensure.

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On July 7, 2022, Gov. Wolf signed Act 33 of 2022, which amends Act 63 of 1972 as it pertains to confidentiality of substance use disorder patient records. Act 33 incorporates federal confidential protections under the Health Insurance Portability and Accountability Act (HIPAA) and 42 CFR Part 2. Act 33, which took effect immediately, prohibits the Pennsylvania Department of Drug and Alcohol Programs (DDAP) from promulgating or enforcing a regulation that restricts any disclosure of records or information that is permitted by Act 33. DDAP is currently reviewing Act 33 to determine next steps as a regulatory agency and will be providing additional information and details on the DDAP website in the near future.

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