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Behavioral Health Information Sharing Advisory Group

Announcements & News

For more information, please contact:

Veronica Guerra, HPA Policy Analyst, 503-915-3411

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The Oregon Health Authority (OHA) has created an internal Behavioral Health Information Sharing Advisory Group to help improve care coordination. This group is focused on developing a strategy to support integrated care and services by enabling the electronic sharing of behavioral health information between providers. This is a critical step in supporting the coordinated care model, and realizing the goal of better health, better care and lower costs for everyone.

As the state and providers begin to integrate the delivery of behavioral and physical health, it will be important to be able to share health information between providers to make sure that care is coordinated well for patients.

Many providers are exchanging behavioral health information through non-electronic means but fewer providers share behavioral health information electronically because of misconceptions about the restrictions imposed under state and federal laws, Electronic Health Record incompatibility, and limited knowledge about existing technological solutions. Because providers do not fully understand the laws about information sharing, there is a missed opportunity to provide the highest level of coordinated care.

Many providers in the state would like guidance about behavioral health information sharing and the intersection of state and federal law, especially around information sharing of substance use, diagnoses and treatment. For more information, please reference the group's Fact Sheet.

Completed Webinars

Date​ ​Topic ​Materials
​ March 30, 2016 Oregon Health Information Technology and the Intersection with Part 2​ Audio recording
Powerpoint Presentation
December 17, 2015 ​An in-depth review of 42 CFR Part 2 to Behavioral Health and Primary Care Providers Audio Recording
PowerPoint Presentation
September 29, 2015​ Understanding privacy laws for physical and behavioral health information sharing Audio Recording
PowerPoint Presentation

Resources and News

As states and providers integrate physical and behavioral health care, understanding the legal barriers and common misconceptions to sharing behavioral health information becomes important. Federal and state health information privacy laws create a complex network of requirements governing the use and disclosure of health information. The following resources and examples will help providers and other entities involved in the use and disclosure of health information fully understand confidentiality issues and overcome perceived obstacles.

Advisory Group ResourcesProvider Survey

​Provider survey to help OHA understand the challenges and barriers faced when sharing patient health information.

Announcements and News42 C.F.R. Part 2

​Oregon Legislative Assembly urges Congress to enact legislation to update 42 C.F.R. part 2​

Announcements and NewsAction Line resource for CCO and SUD providers

Actionline resource for CCO and SUD providers

Announcements and NewsBurwell Letter

OHA Director submits letter to Secretary Burwell in support of further review and evaluation of 42 CFR Part 2 regulations

Announcements and NewsGrant Award

Oregon Health Authority and Jefferson Health Information Exchange awarded $1.6 million grant to expand interoperability

Federal ResourcesConfidentiality of Substance Abuse Patient Records Regulation and the HIPAA Privacy Rule: Implications for Substance Abuse Programs

Explains which programs must comply with the privacy rule and outlines compliance requirements.

Federal ResourcesFrequently asked questions: Applying the substance abuse confidentiality regulations 42 CFR Part 2 (revised)

Clarifies issues relating to confidentiality of alcohol and drug information in 42 CFR Part 2.

Federal ResourcesFrequently asked questions: Applying the substance abuse confidentiality regulations to health information exchange

Clarifies issues relating to 42 CFR Part 2 and electronic health information exchange.

Federal ResourcesGuide to privacy and security of heath information

Information about the requirements of privacy and security under Meaningful Use criteria and explains how provider practices can safeguard patient information.

Federal ResourcesHealth Insurance Portability and Accountability Act (HIPAA) Summary

Provides an overview of who is covered, what information is protected, and how protected health information can be used and disclosed.

Federal ResourcesHealth IT Toolkit – A Guide for Small Health Care Practices

This guide will assist small health care practices in securing electronic health information as they adopt new health information technology.

Federal ResourcesHealth IT Toolkit - HIPAA and Health IT

This guide will assist small health care practices in securing electronic health information as they adopt new health information technology.

Federal ResourcesHealth IT Toolkit - Personal Health Record Model Privacy Notice

Standard template that can be used to inform consumers about Personal Health Record company’s privacy and security policies.

Federal ResourcesHIPAA privacy rule and sharing information related to mental health

Clarifies when providers can communicate and share a patient’s mental health information with family members, friends or others providing care.

Federal ResourcesPrivacy law table

Summary of federal laws and regulations addressing confidentiality, privacy and security.

Federal ResourcesState Health Information Exchange Cooperative Agreement Program Information Notice

Provides a common set of privacy and security rules to support health information exchange in patient care.

National and State ResourcesAlcohol and Drug Confidentiality Regulations and Health Information Technology

Webinar series provides an overview of 42 CFR Part 2 and explains SAMHSA guidance regarding the law’s applicability to health information technology.

National and State ResourcesBehavioral Health IT Webinar 42 CFR

The Substance Abuse and Mental Health Services Administration (SAMHSA) webinar highlighted HIPAA and 42 CFR Part 2; reviewed mechanisms to share information; and the impact of the electronic health records environment on information sharing.

National and State ResourcesConsumer Consent Options for Electronic Health Information Exchange

Discusses the issues and tradeoffs associated with existing consent options for electronic exchange of health information.

National and State ResourcesCurrent State of Sharing Behavioral Health Information in Health Information Exchanges

Outlines challenges and opportunities for integrated primary and behavioral health care providers participating in a health information exchange.

National and State ResourcesData Segmentation in Electronic Health Information Exchange
Explores key components of data segmentation and the benefits, challenges, and legal considerations associated with the use of this option.
National and State ResourcesDisclosure of Substance Abuse Records with Patient Consent: 50 State Comparison

Shows state requirements for the disclosure of substance abuse patient records with patient consent as compared to 42 CFR Part 2.

National and State ResourcesHIPAA Privacy Rule and Provider to Provider Communication

Clarifies HIPAA limitations regarding information exchange among providers.

National and State ResourcesIntegrating Physical and Behavioral Health: Strategies for Overcoming Legal Barriers to Health Information Exchange

Helps policymakers understand the legal barriers to sharing behavioral and physical health care information and dispel misconceptions about barriers.

National and State ResourcesLegal Action Center FAQ on 42 CFR Part 2

Responses to questions posed concerning 42 CFR Part 2 during a Medicaid Innovation Accelerator Program webinar

National and State ResourcesSample Confidentiality Forms

Sample forms and materials for use by drug and alcohol programs.

National and State ResourcesSharing Information Across Physical and Behavioral Health – Debunking Myths, Developing Strategies

The National Academy for State Health Policy (NASHP) webinar provided an overview of the federal statutory framework and highlighted tools and strategies used by New York and North Carolina to successfully support integrated care.​

Oregon Regulations and GuidanceAuthorization Form

ORS 192.566 – Provides a template authorization form for health information sharing.

Oregon Regulations and GuidanceCCO Information Sharing of Aging and People with Disabilities Records

Describes how CCOs may use and disclose health information of members who are seniors and people with disabilities.

Oregon Regulations and GuidanceCCO's Information Sharing of Substance Use Disorder Treatment Records

Describes the federal limitations on the use and disclosure of drug and alcohol records.

Oregon Regulations and GuidanceCoordinated Care Organizations Information Sharing of Mental Health Treatment Records

Describes how mental health records must be handled differently than physical health records by CCOs.

Oregon Regulations and GuidanceDisclosure of written accounts by health care services provider

ORS 179.505 – Outlines the requirements for an authorization completed by an individual or personal representative. Restricts the disclosure of psychotherapy notes without specific consent from the member. States that a provider currently treating an individual can share information with officers or employees of that provider, its agents or cooperating health care services providers who are diagnosing or treating an individual.

Oregon Regulations and GuidanceHealth Care Provider in CCO's

ORS 192.561 – CCOs can disclose PHI, except for psychotherapy notes, within network and without consent for the purposes of treatment, health care operations, payment, and health oversight purposes from a public health entity.

Oregon Regulations and GuidanceUse and disclosure of member information

ORS 414.679 – Access and information sharing by CCOs and DHS administered programs for seniors and people with disabilities.

Other State ResourcesIllinois Health Information Exchange and Technology Act

Copy of Illinois Health Information Exchange and Technology Act that supports the widespread utilization of electronic health records by health care providers and patients.​

Other State ResourcesMaine Health Information Exchange Focus Group and Provider Summary

Focus group and survey summary on the topic of providers talking to patients about sharing mental health records on a statewide health information exchange.

Other State ResourcesNorth Carolina Health Information Exchange Act

The North Carolina Health Information Exchange Act regulates and facilitates the disclosure of private health information.​

Other State ResourcesOklahoma Department of Mental Health and Substance Abuse Services
Discusses the applicable mental health and substance use laws and their impact on the inclusion of behavioral health information in HIEs.
Other State ResourcesPrivacy and Security Policies and Procedures for Qualified Entities and their Participants in New York State

Outlines the privacy and security-related policies governing health information exchange in the Statewide Health Information Network for New York (SHIN-NY).​

Other State ResourcesRhode Island Consent Form

Example of the consent form used by the state of Rhode Island for patients to authorize the use and disclosure of protected health information.​

Other State ResourcesRhode Island Data Use Agreement

Data Use Agreement is used between Rhode Island Quality Institute and organizations participating in the statewide information exchange, known as CurrentCare.​

Other State ResourcesStatewide Health Information of New York Standard Consent Form

Example of the consent form used by the state of New York for patients to authorize the use and disclosure of protected health information.​