Section title: Requests for Interpretation
RFI #
2368
Use of K3 for SAMHSA
Description

There are additional privacy requirements to protect the confidentiality of patients being treated for substance abuse. Providers have additional disclosure requirements for patients covered under this regulation. We receive the required language on paper claim submissions and with treatment records but have yet to receive it in an 837 as stipulated within the regulation.
URL: https://www.federalregister.gov/documents/2018/01/03/2017-28400/confide…
B. Prohibition on Re-Disclosure (§ 2.32)
“SAMHSA has adopted an abbreviated notice that is 80 characters long to fit in standard free-text space within health care electronic systems. The abbreviated notice in this final rule reads “Federal law/42 CFR part 2 prohibits unauthorized disclosure of these records.” Is it permissible to use K3 on the 837 for this purpose?

Response

There is no need to invoke the K3 process for this purpose. RFI #2290 addresses how Part 2 Program providers report the disclaimer to identify that a claim falls under 42 CFR Part 2. 

DOCUMENT ID
005010X222