CurrentHIPAAPolicy N/A

COVID-19 Public Health Emergency Response and 42 CFR Part 2 Guidance

Guidance on using the 42 C.F.R. Part 2 medical emergency exception to disclose patient identifying substance use disorder information during the COVID-19 public health emergency, affecting Part 2 programs and other lawful holders and medical personnel involved in patient care.

Policy Summary

PayerHIPAA

PolicyCOVID-19 Public Health Emergency Response and 42 CFR Part 2 Guidance

Policy CodePolicy N/A

Change TypeInformational guidance

Effective DateN/A

Next Review DateN/A

Key ActionProviders may disclose patient-identifying substance use disorder information to medical personnel without patient consent when a bona fide medical emergency exists and prior informed consent cannot be obtained.

SourceLink

POLICY UPDATE CHANGES

No material clinical or coverage changes in this revision.

medical emergencycircumstance allowing disclosure without consent

telehealth/telephonicmode of care noted as increasingly used

must documentdocumentation requirement

When the Part 2 Medical Emergency Exception Applies

Part 2 medical emergency disclosure conditions

Disclosure criteria under the Part 2 medical emergency exception:

All of the following must be met:

A bona fide medical emergency exists as determined by the provider.
Prior informed patient consent cannot be obtained.
Disclosure is to medical personnel and limited to the extent necessary to meet the emergency and provide treatment.
Programs document the required information in their records after making a disclosure under the medical emergency exception.

Coding and Consent Thresholds

Policy Summary

PayerHIPAA

PolicyCOVID-19 Public Health Emergency Response and 42 CFR Part 2 Guidance

Policy CodePolicy N/A

Change TypeInformational guidance

Effective DateN/A

Next Review DateN/A

SourceLink

On This Page

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What Providers May Do Under the Exception

Prior Authorization

Use medical-emergency exception to disclose Part 2 information when consent cannot be obtained

Under 42 U.S.C. §290dd-2(b)(2)(A) and 42 C.F.R. §2.51, when, as determined by the provider, a bona fide medical emergency exists and prior informed consent cannot be obtained, Part 2 patient-identifying substance use disorder information may be disclosed without patient consent to medical personnel to the extent necessary to meet the emergency; information disclosed may be re-disclosed by treating medical personnel for treatment purposes. Programs must document the required information in their records after making such a disclosure.

Provider must determine that a bona fide medical emergency exists and that prior informed consent cannot be obtained before disclosing Part 2 information.
Disclosures are limited to the extent necessary to meet the emergency and may be re‑disclosed by treating medical personnel for treatment.
Programs must document the required information in their records after making a disclosure under the medical emergency exception.

Key Definitions

Medical emergency exception (42 U.S.C. §290dd-2(b)(2)(A); 42 C.F.R. §2.51)

Statutory and regulatory basisDefined under 42 U.S.C. §290dd-2(b)(2)(A) and 42 C.F.R. §2.51.

Permitted disclosurePatient‑identifying substance use disorder information may be disclosed without patient consent to medical personnel to the extent necessary to meet a bona fide medical emergency.

Provider determinationWhether a bona fide medical emergency exists is determined by the provider for purposes of providing needed treatment.

Re‑disclosure for treatmentInformation disclosed under this exception may be re‑disclosed by treating medical personnel for treatment purposes as needed.