HR0501 101ST GENERAL ASSEMBLY

HR0501 LRB101 13870 ALS 62732 r

HOUSE RESOLUTION

WHEREAS, The Department of Health and Human Services (HHS) has announced proposed changes to the federal regulations governing the confidentiality of patient records created by federally-assisted substance use disorder treatment programs, known as 42 CFR part 2; and

WHEREAS, The 42 CFR part 2 regulations serve to protect patient records created by federally-funded programs for the treatment of substance abuse disorder (SUD); SAMHSA is currently proposing to revise part 2 to facilitate better coordination of care for substance use disorders, which will also enhance care for opioid use disorder (OUD); these provisions will be an important part of the Federal response to the opioid epidemic, while maintaining part 2 confidentiality protections; and

WHEREAS, In these proposed federal regulation changes, "non-OTP (opioid treatment program) providers will become eligible to query a central registry, in order to determine whether their patients are already receiving opioid treatment through a member program," and "OTPs will be permitted to enroll in a state prescription drug monitoring program (PDMP), and permitted to report data into the PDMP when prescribing or dispensing medications on Schedules II to V, consistent with applicable state law"; and

WHEREAS, These changes could improve the care of persons with opioid use disorder because primary care providers could more easily receive treatment information from other treatment programs and could utilize the Illinois Prescription Drug Monitoring Program to see if a patient is receiving methadone or other controlled substances from an opioid treatment program (OTP); these changes will help to prevent duplicative enrollments in SUD care, duplicative prescriptions in SUD treatment, and adverse drug events related to SUD treatment; and

WHEREAS, The proposed rule will not alter the basic framework for confidentiality protection of SUD patient records created by federally-funded treatment programs; part 2 will continue to prohibit law enforcement use of SUD patient records in criminal prosecution against the patient; part 2 will also continue to restrict the disclosure of SUD treatment records without patient consent, other than as statutorily authorized in the context of a bona fide medical emergency, or for the purpose of scientific research, audit, or program evaluation, or based on an appropriate court order for good cause; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the support of the proposed changes to 42 CFR part 2 to improve communication and exchange of information between all providers of care for people with substance abuse disorder; and be it further

RESOLVED, That suitable copies of this resolution be presented to the members of the Illinois Congressional Delegation.