Confidentiality Regulations to Be Rescinded

September 13, 2006

The governor’s policy office has drafted new regulations which will rescind the state confidentiality regulations, Title 4, Pennsylvania Code, Chapter 255.5b. The federal Title 42 Code of Federal Regulations (42CFR) will be followed. The governor’s office reported the barriers to service caused by the confidentiality regulations and emphasized the need to remove Chapter 255.5b in order for people to more easily access services. The primary goal of the new regulations is to improve access to services. The 42CFR regulations, of course, state clearly that no information can be given without the client’s consent. In addition, Act 63 will apply. Act 63 essentially allows (with the clients consent) information to be shared with other treatment providers and with government entities and others for the purpose of payment.

The battle is not yet won. These new regulations must still go to the Attorney General’s Office, the House and Senate subcommittees, and the Independent Regulatory Review Commission. PCPA will need to advocate strongly for this change to occur.

More information will follow as it becomes available.

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