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Having to treat PHI and SUD records differently is problematic as it creates barriers to information sharing that is in the best interests of patients and the dual compliance obligations creates compliance challenges for regulated entities. The expected publication date is 12/02/2022.
The program is funded by the Centers for Medicare & Medicaid Services (CMS), and will establish a Center of Excellence for Building Capacity in Nursing Facilities to Care for Residents with Behavioral Health Conditions (Center for Excellence).
On December 2, 2022, the Department of Health and Human Services (“HHS”) Substance Abuse and Mental HealthServicesAdministration (“SAMHSA”) released a proposed rule modifying the Confidentiality of Substance Use Disorder Patient Records regulations at 42 CFR Part 2 (“Part 2”).
The proposed changes – if finalized – will not only impact HIPAA compliance , but other federal Rules that govern uses and disclosures of PHI (i.e., Among other measures, a proposed update to the Rule published in December 2022 seeks stakeholder comments on how best to enable data exchanges via a Trusted Exchange Framework.
Starting January 1, 2023, Medicare will cover telehealth-based treatment services delivered by federally-accredited opioid treatment programs (OTPs), commonly referred to as “methadone clinics.” To this end, CMS added several expansion opportunities for OTPs, including telehealth coverage.
DEA’s proposed rules may be a positive step in the right direction for the telemedicine industry; however, the proposed rules also would impose significant new compliance obligations on providers which, in turn, may impose implementation challenges. 15, 2022), [link] 21 U.S.C. §
The bipartisan Coronavirus Aid, Relief, and Economic Security Act (CARES Act) called for the Part 2 regulations to be more closely aligned with the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Breach Notification, and Enforcement Rules. The compliance date has been set as 2 years from the date of publication.
Notably, the Act neither fulfilled the Biden Administration’s request for additional COVID-19 response funding nor included the Verifying Accurate Leading-edge In Vitro Clinical Test (IVCT) Development (VALID) Act, which proposed updating the current diagnostic testing regulatory framework. billion for HHS, an increase of $9.9
Such major HIPAA updates placed a significant burden on HIPAA-covered entities and considerable time and effort were required to introduce new policies and procedures to ensure continued HIPAA compliance. What is certain is HIPAA officers and other compliance staff will have a busy few months when the Final Rule is published.
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