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Bonus Features – May 14, 2023 – Only 16% of organizations are using data to define clinical best practices, 84% of orgs hit with ransomware attacks lose revenue, and more

Healthcare IT Today

News In a temporary rule, the Drug Enforcement Administration (DEA) and the Substance Abuse and Mental Health Services Administration (SAMHSA) extended telemedicine flexibilities for prescribing controlled medications for six months following the end of the public health emergency, through November 11.

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Interpreting The Confidentiality of Substance Use Disorder (SUD) Patient Records Law  (42 CFR Part 2) 

Total HIPAA

To ensure the protection of sensitive information related to Substance Use Disorder (SUD) patients, the US Department of Health and Human Services and The Substance Abuse and Mental Health Services Administration (HHS and SAMHSA) collaborated to create the HIPAA Drug and Alcohol Records Law, also known as 42 CFR Part 2.

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DEA & SAMHSA Issue Temporary Rule Extending COVID-19 Telemedicine Flexibilities for Controlled Substances Prescribing Beyond the Termination of COVID-19 PHE

Hall Render

Notably, the Temporary Rule, which can be accessed here , extends the COVID-19 PHE telemedicine flexibilities (hereinafter, “telemedicine flexibilities”) for six months following the end of the PHE (through November 11, 2023).

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Interpreting The Confidentiality of Substance Use Disorder (SUD) Patient Records Law  (42 CFR Part 2) 

Total HIPAA

To ensure the protection of sensitive information related to Substance Use Disorder (SUD) patients, the US Department of Health and Human Services and The Substance Abuse and Mental Health Services Administration (HHS and SAMHSA) collaborated to create the HIPAA Drug and Alcohol Records Law, also known as 42 CFR Part 2.

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Proposed Changes to the Confidentiality of Substance Use Disorder Patient Records Regulations

Hall Render

On December 2, 2022, the Department of Health and Human Services (“HHS”) Substance Abuse and Mental Health Services Administration (“SAMHSA”) released a proposed rule modifying the Confidentiality of Substance Use Disorder Patient Records regulations at 42 CFR Part 2 (“Part 2”).

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Expanded Medicare Telehealth Coverage for Opioid Use Disorder Treatment Services Furnished by Opioid Treatment Programs

Healthcare Law Today

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.” This flexibility will be in place until the end of CY 2023.

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Is HIPAA a Federal Law?

HIPAA Journal

Although the answer to the question is HIPAA is federal law is yes, there are occasions when HIPAA is pre-empted by state laws or other federal laws – adding to the complexity of compliance. Covered Entities and Business Associates are advised to seek professional compliance help to determine which Rules they must comply with.

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