Client Alert: New SAMHSA Requirements May Necessitate Changes to Business Associate Agreements

42 C.F.R. Part Two (“Part 2”) addresses the protection of substance use disorder (SUD) patient records, which are records held by SUD treatment programs that receive federal financial assistance (e.g., from Medicare or Medicaid). The Substance Abuse and Mental Health Services Administration (SAMHSA) issued final regulations concerning the confidentiality of these records. The regulations provide that when a patient consents to a disclosure of their SUD records for payment or health care...
By: Shumaker, Loop & Kendrick, LLP

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