Earlier this week, the Substance Abuse and Mental Health Services Administration (SAMHSA) called upon Congress to take action to align HIPAA requirements and CFR Part 2.  SAMHSA returned correspondence to Congressman Markwayne Mullin (R-OK) and Congressman Earl Blumenauer (D-OR) regarding their inquiry about the recently revised Confidentiality of Substance Use Disorder Patient Records Final Rule and its impact on data-sharing by Medicare and Medicaid programs.

Excerpts:

“SAMHSA is encouraged to see Congress examine the benefits of aligning Part 2 with HIPPA.”

“The practice of requiring substance use disorder information to be any more private than information regarding other chronic illnesses such as cancer or heart disease may in itself be stigmatizing.  Patients with substance use disorders seeking treatment for any condition have a right to healthcare providers who are fully equipped with the information needed to provide the highest quality care.”

“SAMHSA has taken the steps within our purview to address some of these concerns; however, Congressional action is needed to fully address the issue.”

“Additionally, SAMHSA recently held listening sessions related to Part 2, as required by the 21^st Century Cures Act (Section 11002).  The vast majority of those who spoke at the listening session expressed their support for further aligning Part 2 and HIPAA and acknowledged that to achieve many of their goals, Congress would need to take action on bill such as yours.”

Read the Honorable Elinore McCance-Katz, Assistant Secretary of SAMHSA’s response to Congressman Mullin in full HERE. 

Read Congressman Mullin and Blumenauer’s letter to SAMHSA HERE.  

Congressman Mullin and Congressman Earl Blumenauer (D-OR) are the sponsors of H.R. 3545, the Overdose Prevention and Patient Safety Act, which would give doctors crucial information about patients medical history prior to treating them and protects patients by updating 42 Code of Federal Regulations (CFR) Part 2, often referred to as "Part 2."