What is 42 CFR Part 2?
2 CFR Part 2 is federal legislation that protects the privacy of people receiving treatment for substance use disorders (SUD It limits how SUD treatment records can be shared and is more restrictive than Health Insurance Portability and Accountability Act (HIPAA) regulations. In most instances, we are required to obtain your consent prior to sharing your treatment records with others, including your health plan, insurer, or other care providers.
What Records are Covered by 42 CFR Part 2?
Records related to Substance Use Disorder (SUD) treatment, including diagnoses, treatments, prescriptions and provider names have additional protections under 42 CFR Part 2 regulations.
What Happens to Records After They are Shared?
The information contained in 42 CFR Part 2 records shared with others is still protected by HIPAA but may no longer be protected by 42 CFR Part 2 regulations.
Your records (or information contained in your Part 2 record) may be redisclosed in accordance with the HIPAA regulations, except for uses and disclosures for civil, criminal, administrative, and legislative proceedings against you.
What Happens if I Refuse to Provide Consent for Sharing Records with My Insurer?
You are not required to provide consent to Spectra Health to share your 42 CFR Part 2 protected records with your health plan, insurer, or other care providers.
If you choose not to consent to sharing your 42 CFR Part 2 protected records with your health plan or insurer, Spectra Health will not attempt to bill your insurance for these 42 CFR Part 2 protected visits. If we cannot bill your insurance for your care, you will be financially responsible for all charges associated with your care, not submitted to your insurer, as outlined in Spectra Health's Authorization for Treatment document.
You may still elect to have your 42 CFR Part 2 protected records shared with other health care providers by completing a Release of Information document.
How Can I Revoke Consent for Sharing My Records?
You may revoke your consent for having your records shared at any time, and you can do so by contacting Spectra Health and submitting your revocation in writing. Revoking consent will not affect any actions already taken based on your original consent.