Native Health provides substance use disorder screening, diagnosis or treatment services and is a federally assisted substance use disorder program that is required to comply with 42 USC § 290dd-2 and 45 C.F.R. Part 2, also called the federal “Part 2 Regulations”. The Part 2 Regulations govern the use and disclosure of substance use disorder information and generally require a patient’s substance use disorder information be held confidentially and securely and not released to a third party without the patient’s signed written consent that meets the requirements of 42 C.F.R. § 2.31. As described below, there are limited circumstances in which Native Health may disclose a patient’s substance use disorder information without the patient’s written consent.
Notice. Native Health must notify persons seeking and/or receiving substance use disorder services of the existence of these federal confidentiality laws and regulations and provide each person with this written summary of its confidentiality provisions. The notice and summary must be provided at admission or as soon as deemed clinically appropriate by the person responsible for clinical oversight of the person.
Release Pursuant to Patient Consent. A patient may consent to the release of information concerning diagnosis, treatment or referral from a substance use disorder program using a form that meets the requirements of the Part 2 Regulations. Any disclosure, whether written or oral, made with the person’s authorization as provided above must be accompanied by the following abbreviated written statement: “Federal law/42 CFR part 2 prohibits unauthorized disclosure of these records.”
If the person is a minor, consent must be given by both the minor and their parent or legal guardian.
If the person is deceased, consent may be given by:
Release of Information Without A Patient’s Consent. A patient’s consent is not required under the following circumstances for Native Health to disclose substance use disorder information to a third party:
Disclosure of substance use disorder information without patient consent is also permitted to individuals or entities for the purpose of conducting a Medicare, Medicaid, or CHIP audit or evaluation, including an audit or evaluation necessary to meet the requirements for a Centers for Medicare & Medicaid Services (CMS)-regulated accountable care organization (CMS-regulated ACO) or similar CMS-regulated organization (including a CMS-regulated Qualified Entity (QE)).
Criminal Justice Referrals. A Part 2 Program may disclose information about a patient to those individuals within the criminal justice system who have made participation in the Part 2 Program a condition of the disposition of any criminal proceedings against the patient or of the patient's parole or other release from custody if the provisions in 42 C.F.R. § 2.35 are satisfied.
Acknowledging Presence or Receipt of Services. Native Health may not acknowledge that a currently or previously enrolled person is receiving or has received substance use disorder services without the enrolled person’s authorization or a court order that complies with the Part2 Regulations. However, the regulations do permit acknowledgement of the presence of an identified patient in a health care facility or part of a health care facility if the health care facility is not publicly identified as only a substance use disorder diagnosis, treatment, or referral for treatment facility, and if the acknowledgement does not reveal that the patient has a substance use disorder.
Native Health must respond to any request for a disclosure of medical records of a currently or previously enrolled person in a way that will not reveal that an identified individual has been, or is being diagnosed or treated for substance use disorder, unless the request is accompanied by the patient’s consent under 42 CFR § 2.31 or the disclosure is otherwise permitted under the Part 2 Regulations.
Part 2 Questions and Suspected Violations. A violation of the federal law and regulations by a Part 2 Program is a crime. Suspected violations may be reported to the United States Attorney’s Office for the District of Arizona, Two Renaissance Square 40 N. Central Avenue, Suite 1800, Phoenix, AZ 85004-4449, (602) 514-7500. You may also contact John Molina, Corporate Compliance Officer at NATIVE HEALTH, at 602-279-5262 ext. 3138, if you have any questions or concerns regarding the confidentiality of your substance use disorder information.