Even though federal rule received appeals to enhance the confidentiality of substance abuse records with the requirements of HIPAA. They just made some insignificant changes to the confidentiality rule. Although few experts hold the opinion, Congress should lead the way to make further changes to improve the conditions of the two regulations. SAMHSA moved forward in the direction and published a final rule in Federal Register which is ordinarily known as 42 CFR Part 2.

SAMHSA in final rule perceived the public suggestions on its period aimed to draft the rule issued in the last Jan'18. However, they received many suggestions stating it to align 42 CFR part 2 regulations with HIPAA in regards to use and disclosure of data of substance disorder patients who participate in certain federal programs. When we talk about HIPAA the patients protected health data can be shared with business associates and covered entities for treatment, payment, and healthcare business operations. Similarly, when we discuss the same in 42 CFR part 2 there are more strict constraints on disclosure, usage, and redisclosures of patient data involving substance abuse. Undoubtedly, many wanted them to be more like HIPAA yet the ultimate revisions to 42 CFR Part 2 regulations were not that aligned only point they did permit elasticity for disclosures of patient data associated to payment and business operations.

With above paraphrase, it is clear that in HIPAA information stream is not so rigid as compared to 42 CFR Part 2 and there is a popular demand to for the better alignment of both HIPAA & SAMHSA. It was easy to communicate details of patients health data of substance abuse with providers, administrators, business associates, covered entities for treatment, payment, and healthcare business operations. This process elevates the patient care, help expedite interoperability, enable providers and administrators of services exceptional caution, an advance creative methodology of healthcare performance, in addition, unified and regulated care, and improve privacy protections by creating confidentiality constraints for more consistent across the healthcare industry.

SAMHSA while introducing the new changes in the 42 CFR part 2 explained as it has placed the list in the introduction to the regulation instead of in the in official words of the regulation as it requires the entities to be informed that they can be flexible to contain the recently announced changes to be employed in working health plans. It does want flexibility, however, retaining the right of patients health record confidentiality above all it only permits the flow of information with care coordinators or case managers only by getting the consent of patients.

However, there is a broad spectrum in context of payment and health care operations as it doesn't establish or fixes any boundaries but provides some examples such as underwriting, claims management, clinical professional support services, patient safety activities, general administrative activities, trainings and assessments, billing, accreditation and licensing, legal services, medical necessity review, business planning and development, customer services, resolution of internal grievances, sale or transfer of an organization, risk adjusting, and eligibility or coverage determinations.

SAMHSA maintains the strict constraints on treatment disclosures on the basis by stating that it is imperative to take the patient consent for disclosures related to for diagnosis, treatment, or referral by the health care providers who are the direct connection to the patient. To know further attend the webinar on the same.