American Society of Addiction Medicine Urges HHS to Expedite Revising Rule Pursuant to the CARES Act
On
The letter observes that the COVID-19 pandemic has the potential to contribute to an increase in SUDs, and therefore it is more important than ever that the roadblocks to providing care for patients with SUDs are removed.
It notes that the changes to Part 2 included in the CARES Act will significantly improve coordination of care for patients, but more specificity will be needed to implement the flexibilities provided in the act.
Thus, HHS must issue a rule on 42 CFR Part 2 as quickly as possible to supplement the provisions of the CARE Act.
The letter concludes by drawing attention to guidance issued by SAMHSA suspending the prohibitions on use and disclosure of patient information under Part 2 for medical emergencies. This guidance could be used as a stepping stone by HHS while it is revising the Part 2 rule.
* * *
To: The Honorable
Re: 42 CFR Part 2 - Request to Expedite Revising Rule Pursuant to the CARES Act
Dear Secretary Azar,
The undersigned organizations of the Partnership to Amend 42 CFR Part 2 (Partnership), write to make an urgent request that the
The Partnership is a coalition of nearly 50 organizations committed to aligning Part 2 with the disclosure requirements of the Health Insurance Portability and Accountability Act (HIPAA) for the purposes of treatment, payment, and health care operations (TPO).
First and foremost, we want to take this opportunity to thank you and Deputy Secretary Hargan for your ongoing engagement with the Partnership to address the issues regarding the current Part 2 regulations. We appreciate your continued attention to patient care for those with substance use disorders (SUDs).
Given the longstanding nature of the issue, compounded with the potential for increase in SUDs during the current pandemic, it is more important than ever that the roadblocks to providing care for patients with SUDs are removed. We believe the recent changes to Part 2 in the CARES Act will greatly help in coordinating care for patients with SUDs. Specifically, Sec. 3221 changes the requirement to a one-time written consent and aligns Part 2 with HIPAA. More importantly, Sec. 3221 permits redisclosures made in accordance with HIPAA following that initial written consent. The CARES Act also directs the Secretary of HHS to revise any pertinent regulations.
While the
Please feel free to contact Deepti Loharikar, Director of Regulatory Affairs,
Sincerely,
America's Essential Hospitals
AMGA
Centerstone
Netsmart
Premier healthcare alliance
Strategic Health Information Exchange Collaborative
Cc: Deputy Secretary
Footnote:
1/ Owermohle, S., America's new opioid crisis, https://www.politico.com/news/2020/04/10/america-new-opioidcrisis-179270. Last visited


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