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Kathleen A. Reed

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In her practice, Kathleen A. Reed has counseled a variety of health care providers, including hospitals, home health agencies, hospices, nursing homes, pharmacies, durable medical equipment suppliers and individual practitioners. Her practice encompasses many aspects of health care law, with particular emphasis on reimbursement, pharmacy and drug control and resale issues, fraud and abuse, scope of practice, licensure and regulatory matters and patient care issues. Ms. Reed has also provided counsel on compliance with Medicaid and Medicare requirements for participation and reimbursement and has assisted clients appeal adverse Medicare and Medicaid reimbursement decisions. She has also counseled health care clients on general corporate matters. Prior to her legal career, Ms. Reed practiced as a Registered Nurse in a variety of health care settings, including critical care, medical and surgical nursing, and home care.

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On August 22, 2019, the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services (“SAMHSA”) issued a proposed rule amending the Confidentiality of Substance Use Disorder Patient Records regulations set forth at 24 CFR Part 2.  These regulations were initially implemented to provide heightened protection of patient records covering the treatment of substance use disorder (“SUD”) provided by certain federally funded programs (“Part 2 programs”).

The proposed regulations do not modify the general requirements for the confidentiality of SUD patient records created by Part 2 programs.  Part 2 continues to prohibit the disclosure of SUD records without patient consent except as specifically permitted in situations such as in the case of a bona fide medical emergency, for purposes of scientific research, audit or program evaluation, or with an appropriate court order after showing good cause. 
Continue Reading DHHS Issues Proposed Rule Amending 42 CFR Part 2