Comments Due on October 25, 5:00pm EST

 

Comment Template: You can copy and past the text below. We encourage you to use all or part of this text, and add context or other personal experiences if you feel comfortable to do so. You can choose to post your full name/partial name/or ANONYMOUS, all comments matter!  

 

I oppose all proposed changes to the Part 2 rule and do not want (my) private medical information protections to be further opened up for access without my consent. The proposed broad and sweeping changes to Part 2 will further compromise patient confidentiality and therapeutic relationships between patients and providers. 

These changes that will harm clients and remove clinical decision making from the programs that serve us:
I oppose the Removal of Re-disclosure Prohibitions: Under proposed changes to section § 2.11, information conveyed from a part 2 program to a non-part 2 provider for treatment purposes with the consent of the patient would no longer be protected by the Part II rules, any information recorded by non-part 2 provider would be subject to HIPAA, which as fewer protections, and offers no protections in respect to illegal drug use. 
I oppose changes on Disclosures to Central Registries and PDMPs: Section 2.36 of the proposed changes removes the consent requirement of 42 USC 290dd-2 and allow any individual with a login to the Prescription Drug Monitoring Program (PDMP) to access information regarding an individual’s SUD treatment without their consent. Law enforcement routinely accesses PDMPs in many states, opening up patients to legal scrutiny and prosecution. 
I oppose the Removal of Clinical Management of Care by Treating Providers: Changes to sections § 2.52 and § 2.53 of the proposed rule allows patient identifying information to flow to government, contractors, subcontractors, employers and funding entities for the purpose of managing medical necessity, utilization and the adjustments to payment policies for treatment within the rule audit and evaluation allowances. This will effectively remove the treating provider from the process and reduce care provided to the patients served.
I oppose the changes to the section on Undercover Agents and Informants: Court-ordered placement of an undercover agent or informant within a Part 2 program will be extended to up to 12 months. Combined with the other provisions within both of these rule changes this will turn care into a tool of prosecution and not recovery.
 

​