Notifications to law enforcement: Law enforcement agencies can be notified if an immediate threat to the health or safety of an individual exists due to a crime on program premises or against program personnel.
Immediate threats to health or safety that do not involve medical emergencies or crimes on programs premises or against program personnel: Part 2 programs and health care providers and HIOs who have received Part 2 patient information, can make reports to law enforcement about an immediate threat to the health or safety of an individual or the public if patient-identifying information is not disclosed.
Immediate threats to health or safety that do not involve a medical emergency or crimes e. Programs should evaluate those circumstances individually. Reports of child abuse and neglect: The restrictions on disclosure do not apply to the reporting under State law of incidents of suspected child abuse and neglect to the appropriate State or local authorities. When disclosures are made under the following circumstances the recipient is prohibited from redisclosing the information without consent, except under the following restricted circumstances:.
In addition, QSOAs may allow disclosure in certain circumstances. Authorizing Court Orders: When information is disclosed pursuant to an authorizing court order, Part 2 requires that steps be taken to protect patient confidentiality.
In a criminal case, such order must limit disclosure to those law enforcement and prosecutorial officials who are responsible for or are conducting the investigation or prosecution, and must limit their use of the record to cases involving extremely serious crimes or suspected crimes. How can a Part 2 program ensure that it will be notified that a health care provider invoked the medical emergency exception and gained access to protected Part 2 information?
SAMHSA recommends that HIE data systems be designed to ensure that the Part 2 program is notified when a disclosure occurs and Part 2 records are released pursuant to a medical emergency.
Before a Part 2 program enters into an affiliation with an HIO, it should consider whether the HIO system has the capability to comply with all Part 2 requirements, including the capacity to notify the Part 2 program when its records have been disclosed pursuant to a medical emergency.
For additional information regarding disclosures during a medical emergency, see the FAQs Numbered 5, 8, and 9. It is up to the health care provider or facility treating the emergency to determine the existence of a medical emergency and which personnel are needed to address the medical emergency. Additional information about disclosures in medical emergencies is found in FAQs Numbered 5, 7, and 9. Can the Part 2 medical emergency exception be invoked to head off a potential medical emergency such as a potential drug interaction?
If a health care provider treating an individual determines that a medical emergency exists as defined in Part 2, i. Such a consent form may already exist if the patient previously signed a Part 2 consent form allowing the HIO to disclose Part 2 information to HIO affiliated health care providers and the provider seeking access is listed as a recipient on that form.
It should be noted that concern alone about potential drug interaction may not be sufficient to meet the standard of a medical emergency. Thus, based on the circumstances of the presenting situation, SAMHSA recommends that health care providers should obtain consent from the patient where feasible.
Author: Steve Alder has many years of experience as a journalist, and comes from a background in market research. He is a specialist on legal and regulatory affairs, and has several years of experience writing about HIPAA.
Steve holds a B. Please leave this field empty. Clinical Resources. Standards and Performance Measures. Level of Care Certification. Definition of Addiction. Journal of Addiction Medicine. ASAM Weekly. Science Initiative. Additional Resources. Patient Resources. Find a Doctor. Addiction Medicine Fellows. Fellowship Directors. Why Specialize in Addiction Medicine. The following state regulations pages link to this page.
Alabama Ala. Code r. Alaska Admin. Agencies Regs. Illinois IL Admin. Code Iowa Admin. Louisiana La. Code tit. Code R. II - Section 80 - Ch. COMAR Massachusetts Mass. Code Regs.
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