Notice of Federal Confidentiality Laws Relating to Substance Use Disorder Information – Behavioral Health

Native Health provides medical, dental and behavioral health services, including substance use disorder diagnosis, treatment, and referral for treatment.  As described in the Native Health Notice of Privacy Practices, patient health information is protected by federal and state laws and regulations, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  Certain substance use disorder records and information are also protected by the federal law and regulations governing the Confidentiality of Substance Use Disorder information (42 U.S.C. § 290dd; 42 CFR Part 2 (“Part 2”)) by Part 2 programs. 

Native Health’s Part 2 Program is staffed by Mary Taylor and Shirley Hanson. They provide substance abuse treatment (SAT) groups via telehealth, individual substance abuse (ISA) counseling, and intensive outpatient treatment (IOP) groups in person. 

 Records from the Native Health Part 2 Program are protected as described in this Notice.  In accordance with 42 CFR § 2.22, the following is a written summary of the Part 2 regulations:

• Acknowledging Presence of a Patient In a Health Care Facility: A Part 2 Program may only acknowledge that an individual is present in the facility in the following instances: 

  • With the patient’s written consent in accordance with subpart C of Part 2.

  • Under a court order authorizing disclosure is entered in accordance with subpart E of Part 2.

  • When the disclosure does not reveal the patient has a substance use disorder.

• Other Disclosures of Substance Use Disorder Information. A Part 2 Program may not disclose substance use disorder information outside of the Program except as follows:

  • With the patient’s written consent in accordance with subpart C of Part 2.

  • Under a court order authorizing disclosure is entered in accordance with subpart E of Part 2.

  • When disclosed to medical personnel to the extent necessary to meet a bona fide medical emergency.

  • When for the purpose of conducting scientific research and in accordance with the Part 2 regulations.

  • When disclosed to a person or entity providing services to the Part 2 Program and when the service provider has agreed in writing to abide by the Part 2 regulations.

  • When disclosure is to personnel at an entity with direct administrative control over the Part 2 Program and information is needed in connection with their duties that arise out of the provision of diagnosis, treatment, or referral for treatment of patients with substance use disorders.

  • When the disclosure is for the purpose of an audit or evaluation as allowed under the Part 2 regulations.

  • When the disclosure is to a central registry or withdrawal management or maintenance program not more than 200 miles away to prevent multiple enrollments.

  • If a patient commits a crime or threatens to commit a crime on the premises of the Part 2 Program or against personnel of the Part 2 Program, information related to the commission or threat of that crime, including the circumstances of the incident, the patient’s status, name, address and last known whereabouts, may be disclosed to law enforcement.

  • Reports of suspected child abuse and neglect made under state law to appropriate state or local authorities are not protected.

• Violation of the federal law and the Part 2 regulations is a crime and suspected violations may be reported as follows:

  • Any violation of Part 2 may be reported: 

    • To Mitchell Terry at Native Health  

    • To the United States Attorney, Gary Restaino at 40 N Central Ave #1800, Phoenix, AZ 85004; (602) 514-7500.

    • To the Substance Abuse and Mental Health Services Administration (SAMHSA) office responsible for opioid treatment program oversight at: SAMHSA Opioid Treatment Program Compliance Officer, SAMHSA Center for Substance Abuse Treatment (CSAT) at 866-BUP-CSAT (866-287-2728) or infobuprenorphine@samhsa.hhs.gov

• After receiving and reviewing this form, we will ask you to acknowledge that you have received it.  If you have any questions about this form or its content, please contact the Compliance Officer at mterry@nachci.com.