By Leslie Small
A recent federal proposal — which would loosen privacy rules
surrounding substance use disorder (SUD) treatment — is being applauded by
health insurer trade groups. But some advocates are worried about potential
harms to patients.
At the center of the debate is legislation enacted in the 1970s
and the subsequent regulations implementing that law, known as 42 CFR Part 2,
which was designed to protect the confidentiality of SUD patient records
created by federally funded treatment programs. Under the proposed changes to
42 CFR Part 2, opioid treatment programs would be able to enroll in state
prescription drug monitoring programs and submit the dispensing data for
controlled substances consistent with applicable state laws. SUD patients also
would be able to consent to disclosure of their Part 2 treatment records to an
entity, without having to name a specific person.
"At the highest level, ACHP does see the proposed rule as a
positive development," says Connie Hwang, M.D., chief medical officer of
the Alliance of Community Health Plans. When an individual is undergoing
treatment for SUD, "you want to make sure that all the other groups
engaged in the ongoing care are aware and don’t inadvertently interfere with
that or put the patient at greater danger," she adds.
However, not everyone shares that view.
"While the Legal Action Center strongly supports the need
for coordinated flow of health information between providers, it must be done
so with patient consent in disclosure and re-disclosure," Paul Samuels, president
and director of the advocacy group, said in a news release.
The current privacy rules are "a necessary protection for
individuals who would otherwise be susceptible to a multitude of detrimental
consequences if their SUD information was disclosed without their permission to
potential employers, housing providers, law enforcement and more," Samuels
added.
From Health Plan Weekly
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