Sharing Substance Use Disorder Information in KHIE
Health information exchange is key to providing coordinated care. KHIE is the single, trusted source for bringing physical health and behavioral health together.
Behavioral Health is a term used to describe how a person's behaviors impact his or her mental and physical health. While the terms behavioral health and mental health are often used interchangeably, they do not have the same meaning. Mental health refers to a person's state of mind while behavioral health involves a person's state of mind and his or her physical health conditon.
Sharing patient records in KHIE is critical to providing complete patient care and serves as a channel for communication with other healthcare professionals. Improved communication between behavioral health and physical health providers is pivotal to improving holistic patient outcomes.
KHIE is integrating with behavioral health centers to provide access to pertinent health information at the point of care, where it is needed most.
Substance Use Disorder (SUD) Records.
Substance Use Disorder Records are not mental health records. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), Substance Use Disorder (SUD) records are regulated within the Federal Register under section 42 CFR Part 2. The Part 2 regulations "impose restrictions upon the disclosure and use of alcohol and drug patient records which are maintained in connection with the performance of any federally assisted alcohol and drug abuse program". These records are governed under the SAMHSA and are afforded additional privacy protections. They are provided the highest degree of confidentiality protections granted to medical records. These records require patient's written consent before they can be shared. Additionally, these records cannot be further disclosed without patient consent.
Is your Organization a 42 CFR Part 2 Program?
Your organization is a Part 2 Program if you answer 'yes' to the following three questions:
1. Is the primary function of your organization to provide diagnosis, treatment, or referral for treatment for a substance use disorder (SUD)? Yes___No___
2. Does your organization advertise that it treats substance use disorder? (Do you have an awning on your door or notice on your window that states you provide diagnosis, treatment, or referral for treatment for a SUD?) Yes____ No____
3. Is your organization federally funded for anything? Yes____ No____
Consent to share 42 CFR Part 2 Health Information in KHIE
Substance Use Disorder (SUD) treatment information may not be disclosed unless a patient gives explicit consent. Improving care coordination between SUD providers and other health care providers strengthens continuity of care for patients. To ease the burden of obtaining consent and disclosing information, KHIE launched a new consent tool, enabling Substance Use Disorder (SUD) providers who have executed a qualifed service agreement (QSOA) to share data protected by 42 CFR Part 2 through KHIE upon patient consent. This tool aims to improve care coordination between SUD providers and other providers of care to make pertinent health information available at the point of care, where it is needed most.
Key Features of the Consent Management Tool
- Patients provide electronic signatures to opt in to share 42 CFR Part 2 protected health information.
- Providers attest within the tool for their patients for whom they have signed paper consent forms on file.
- Patients can choose an expiration date or can choose to have the consent not expire.
- Patients can reverse the decision to opt in or opt out at any time.
Disclosure of Substance Use Disorder Records
When Part 2 records are shared with a patient's consent, the records must be accompanied by a notice of prohibition on redisclosure so the recipient knows that further disclosure of the information is not permitted without obtaining patient consent. KHIE ensures the specific disclosure language is included on any record with SUD information that is shared through the health information exchange.
INFLUENCING THE WAY HEALTHCARE IS PLANNED, COORDINATED, AND DELIVERED.