Organizations Urge HHS to Clarify That an Existing Single TPO Consent Under Part 2 Meets H.R. 1 SUD Community Engagement Exemption Requirements

ASAM and fellow health care organizations issued a letter to the U.S. Department of Health and Human Services (HHS) seeking clarification that an existing, single consent for treatment, payment, and health care operations under 42 CFR Part 2 (Part 2) satisfies the H.R. 1 substance use disorder (SUD) community engagement exemption requirements. 

Specifically, the groups are seeking clarification that:

• Eligibility determinations for Medicaid community engagement exemptions based on an individual's SUD diagnosis or treatment in Part 2 records are subject to Part 2 protections and require patient consent; and 
• A patient's Part 2 consent for "payment" purposes satisfies the consent requirements for the Medicaid exemption eligibility determinations.

"Confirming that an existing, single consent for treatment, payment and health care operations (TPO) can be used to satisfy the SUD exemptions for the community engagement requirements will promote clarity, protect patient privacy, and ensure these exemptions are implemented without unnecessary barriers or delays," the groups write. 

Read the full letter here.