The COVID Project
Context, not an orderThis record is guidance or an announcement kept for context. It is not counted among the orders in force.
The record
- Jurisdiction
- United States (federal); Substance Abuse and Mental Health Services Administration
- Level
- Federal
- Authority
- 42 U.S.C. 290dd-2(b)(2)(A); 42 C.F.R. 2.51 (medical emergency exception)
- Issued
- 2020-03-19 Mar. 19, 2020
- Effective
- 2020-03-19
- End
- Through the public health emergency (read as 2021-09-30)
- In force
- Mar. 19, 2020 to Sept. 30, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Health care ordersOther
- Addressees
- Part 2 programs (substance use disorder treatment providers)
- Functions reached
- TM telehealth
- OF records and administration
- CB patients
- Character
- context
- Collection
- Other federal health agencies AGY-FED-HEALTH-OTHER
Operative words
The prohibitions on use and disclosure of patient identifying information under 42 C.F.R. Part 2 would not apply in these situations to the extent that, as determined by the provider(s), a medical emergency exists. Under 42 U.S.C. 290dd-2(b)(2)(A) and 42 C.F.R. 2.51, patient identifying information may be disclosed by a part 2 program or other lawful holder to medical personnel, without patient consent, to the extent necessary to meet a bona fide medical emergency in which the patient's prior informed consent cannot be obtained.
Enforcement
Criminal penalties under 42 U.S.C. 290dd-2(f) for unauthorized disclosure
Notes
Permitted telehealth without written Part 2 consent where the provider found a medical emergency.
Retrieval noteCite it as context and cite the underlying order, statute or emergency rule it describes as the instrument. (Bulletins whose operative text imposes a mandatory duty on licensees under the regulator's own authority are excluded from this downgrade and listed separately for review.)).