Deep Dive Into the 42 CFR Part 2 Final Rule and Its Intersection with HIPAA

 Rachel V. Rose
Rachel V. Rose | Rachel V. Rose – Attorney at Law, P.L.L.C.

Ms. Rose has a unique background, having worked in many different facets of healthcare, securities, cybersecurity, as well as international law and business throughout her career.

On-Demand: April 23, 2024

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2 hour CLE
Tuition: $195.00
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Program Summary

Cybersecurity, patient privacy, and the opioid crisis continue to dominate the healthcare legal and compliance landscape. In February, the Department of Health and Human Services Substance Abuse Mental Health Services Administration (SAMHSA) published its new final rule. Although the compliance date is not until February 16, 2026, there are a number of nuances in this final rule that organizations can take now. There is also reference to aligning with various aspects of HIPAA. The purpose of this webinar to provide an explanation of key areas that impact substance use disorder (SUD) providers and compliance suggestions for entities that fall under the “SAMHSA umbrella” and the nuances of exchanging patient records from these entities to other providers. The intersection with HIPAA will also be detailed.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Learn the key aspects of the new 42 CFR Part 2 Final Rule
  • Appreciate potential areas of non-compliance with both HIPAA and Part 2
  • Glean practical action items that persons can begin to implement into compliance programs

Closed-captioning available

Speakers

Rachel-V.-Rose_Principal-with-Rachel-V.-Rose-–-Attorney-at-Law,-P.L.L.C.Houston,-TX_FedBarRachel V. Rose | Rachel V. Rose – Attorney at Law, PLLC

Rachel V. Rose, JD, MBA is a Principal with Rachel V. Rose – Attorney at Law, P.L.L.C. (Houston, TX)

Ms. Rose has a unique background, having worked in many different facets of healthcare, securities, cybersecurity, as well as international law and business throughout her career. For nearly a decade, her practice has focused transactional, compliance, and litigation matters related to cybersecurity, health care, securities, and Dodd-Frank/False Claims Act whistleblower claims. Ms. Rose worked on Capitol Hill when HIPAA passed in 1996 and worked at HHS in 2009 when the HITECH Act was being implemented.

In addition to being extensively published and a sought-after presenter and quoted expert, Ms. Rose holds an MBA with minors in healthcare and entrepreneurship from Vanderbilt University, and a law degree from Stetson University College of Law, where she graduated with various honors, including the National Scribes Award and The William F. Blews Pro Bono Service Award.

Ms. Rose is licensed in Texas and is a Fellow of the Federal Bar Association. Currently, she is the Chair of the Federal Bar Association’s Government Relations Committee, a board member of the Federal Bar Association’s Qui Tam Section, the co-editor of the American Health Lawyers Association’s Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition), as well as a co-author of the ABA’s books The ABCs of ACOs and What Are International HIPAA Considerations?

She has been named consecutively to the Texas Bar College, the National Women Trial Lawyers Association’s Top 25, Houstonia Magazine’s Top Lawyers (healthcare), the National Trial Lawyers Association’s Top 100, as well as 1st Healthcare Compliance’s 2019 Top Presenter. Ms. Rose is also an Affiliated Member with the Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics.

Federal Court Admissions: Supreme Court of the United States, CO, DC, SDTX, NDTX, EDTX and WDTX.

Agenda

I. SAMHSA and 42 CFR Part 2’s evolution, applicability, and unique requirements |12:00pm – 12:20pm

II. HIPAA and Relevant Privacy Rule and Security Rule Segments | 12:20pm – 12:35pm

III. Explanation of the new Final Rule | 12:35pm – 1:00pm

Break | 1:00pm – 1:10pm

IV. Avoiding wrongful disclosures between SAMHSA and non-SAMHSA providers | 1:10pm – 1:30pm

V. Bringing together SAMHSA and HIPAA into policies and procedures, training, and compliance programs | 1:30pm – 1:50pm

VI. Government agency statements and recent enforcement actions | 1:50pm – 2:05pm

VII. Conclusion | 2:05pm – 2:10pm

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