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Federal Law, 42 CFR Part II
Posted Friday, March 13, 2009 by Cindy Glewwe

By

Crystal Sayler, RHIA, CCS

HIT Coordinator - Bismarck/Moorhead Campus

 

I recently have had the privilege of working with the Federal law, 42 CFR Part II which protects  the confidentiality of alcohol and drug abuse patient records. Part 2 protects any and all information that could be used to recognize an individual and requires that disclosures be limited to the information required to carry out the intention of the disclosure. See 42 CFR §§2.11 and 2.13(a). Part 2 allows programs to release information in response to a subpoena if the patient signs a consent permitting release of the information requested in the subpoena. If the patient does not consent, Part 2 prohibits programs from releasing information in reaction to a subpoena, unless a court has given an order that complies with the rule.

 

 

 

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