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1
HOUSE RESOLUTION

 
2    WHEREAS, The Department of Health and Human Services (HHS)
3has announced proposed changes to the federal regulations
4governing the confidentiality of patient records created by
5federally-assisted substance use disorder treatment programs,
6known as 42 CFR part 2; and
 
7    WHEREAS, The 42 CFR part 2 regulations serve to protect
8patient records created by federally-funded programs for the
9treatment of substance abuse disorder (SUD); SAMHSA is
10currently proposing to revise part 2 to facilitate better
11coordination of care for substance use disorders, which will
12also enhance care for opioid use disorder (OUD); these
13provisions will be an important part of the Federal response to
14the opioid epidemic, while maintaining part 2 confidentiality
15protections; and
 
16    WHEREAS, In these proposed federal regulation changes,
17"non-OTP (opioid treatment program) providers will become
18eligible to query a central registry, in order to determine
19whether their patients are already receiving opioid treatment
20through a member program," and "OTPs will be permitted to
21enroll in a state prescription drug monitoring program (PDMP),
22and permitted to report data into the PDMP when prescribing or
23dispensing medications on Schedules II to V, consistent with

 

 

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1applicable state law"; and
 
2    WHEREAS, These changes could improve the care of persons
3with opioid use disorder because primary care providers could
4more easily receive treatment information from other treatment
5programs and could utilize the Illinois Prescription Drug
6Monitoring Program to see if a patient is receiving methadone
7or other controlled substances from an opioid treatment program
8(OTP); these changes will help to prevent duplicative
9enrollments in SUD care, duplicative prescriptions in SUD
10treatment, and adverse drug events related to SUD treatment;
11and
 
12    WHEREAS, The proposed rule will not alter the basic
13framework for confidentiality protection of SUD patient
14records created by federally-funded treatment programs; part 2
15will continue to prohibit law enforcement use of SUD patient
16records in criminal prosecution against the patient; part 2
17will also continue to restrict the disclosure of SUD treatment
18records without patient consent, other than as statutorily
19authorized in the context of a bona fide medical emergency, or
20for the purpose of scientific research, audit, or program
21evaluation, or based on an appropriate court order for good
22cause; therefore, be it
 
23    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE

 

 

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1HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
2we urge the support of the proposed changes to 42 CFR part 2 to
3improve communication and exchange of information between all
4providers of care for people with substance abuse disorder; and
5be it further
 
6    RESOLVED, That suitable copies of this resolution be
7presented to the members of the Illinois Congressional
8Delegation.