Montana Confidentiality - Long-Form Provision

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Multi-State
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US-ND2306
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Description

This form brings together several boilerplate contract clauses that work together to establish a confidentiality obligation from the parties and outline what that confidentiality agreement will apply to under the terms contract agreement. Also incorporated are clauses regarding indemnity in the event of unauthorized disclosures of confidential information.

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FAQ

The responding party must serve its answers and any objections within 30 days after being served with the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant.

The 42 CFR Part 2 regulations (Part 2) serve to protect patient records created by federally assisted programs for the treatment of substance use disorders (SUD). Fact Sheet: SAMHSA 42 CFR Part 2 Revised Rule samhsa.gov ? press-announcements samhsa.gov ? press-announcements

Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense -- including the existence, description, nature, custody, condition, and location of any documents or other tangible things and ...

When one regulation imposes a stricter standard than the other, the covered entity must follow the stricter standard. Generally, 42 CFR Part 2 imposes more strict standards than HIPAA. 42 CFR Part 2's general rule places privacy and confidentiality restrictions upon substance use disorder treatment records. Substance Abuse Disorder Treatment: 42 CFR Part 2 and HIPAA Compliancy Group ? substance-abuse-disorde... Compliancy Group ? substance-abuse-disorde...

Part 2 requires each disclosure made with written patient consent to be accompanied by a written statement that the information disclosed is protected by federal law and that the recipient cannot make any further disclosure of it unless permitted by the regulations (42 CFR § 2.32). Substance Abuse Confidentiality Regulations - SAMHSA Substance Abuse and Mental Health Services Administration (.gov) ? about-us ? laws-regulations Substance Abuse and Mental Health Services Administration (.gov) ? about-us ? laws-regulations

Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and, if the person's attendance is commanded, by tendering to that person the fees for one day's attendance and the mileage allowed by law. (c) Notice of Service.

The proposed rule authorizes disclosures of Part 2 Records without patient consent to public health authorities, if the records are de-identified in ance with HIPAA standards. HHS proposes update to Part 2 confidentiality regulations to align ... healthindustrywashingtonwatch.com ? articles healthindustrywashingtonwatch.com ? articles

What is the difference between Part 2 and HIPAA? Both Part 2 and HIPAA protect patient privacy by regulating the way that patient information can be shared and disclosed. HIPAA applies to many types of patient information, not just SUD information, and generally is less protective of patient privacy than Part 2.

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Montana Confidentiality - Long-Form Provision