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HHS Announces 42 Part 2 Final Rule to Align with HIPAA

Healthcare Law Blog

Department of Health and Human Services (HHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) recently released the long anticipated Final Rule to revise the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at 42 C.F.R. Part 2 (Part 2). Patient Complaints.

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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. required certain health plan reporting, such as for management or financial audits. When HIPAA is Preempted by Other Federal Laws.

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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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HHS Proposes Significant Amendments to Part 2 Regulations Governing the Confidentiality of Substance Use Disorder Records

C&M Health Law

290dd-2, the statute that Part 2 implements; (2) proposals that HHS deems necessary to further align Part 2 with HIPAA; and (3) proposals that HHS deems necessary to clarify the full scope of activities regulated under Part 2. . Comments are due 60 days after publication of the NPRM in the Federal Register. CARES Act Amendments.

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HHS Issues Final Rule Modifying the Confidentiality of Substance Use Disorder (SUD) Patient Records Regulations

HIPAA Journal

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.

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Medical Device Cybersecurity Provisions Included in Omnibus Appropriations Bill

HIPAA Journal

Funding for the Centers for Medicare and Medicaid Services will increase by $100 million, the National Institutes of Health will receive an additional $2.5 HIPAA called for the creation of a unique patient identifier (UPI), but funding has not been provided to date.

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HIPAA Updates and HIPAA Changes in 2023

HIPAA Journal

The Health Insurance Portability and Accountability Act was signed into law in 1996 and while there have been some significant HIPAA updates over the last two decades, the last set of major HIPAA updates occurred in 2013 with the introduction of the HIPAA Omnibus Final Rule. Major HIPAA Updates in the Past 20 Years.

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