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Back  RFI # 1108: FSAR restrictions

Formal vs. Informal Help Informal Formal

Submitter

Cathi Anderson

Description

The Federal Substance Abuse Rules (FSAR) impose restrictions on the use and disclosure of alcohol and drug abuse patient records that are maintained in connection with the performance of any federally assisted alcohol and drug abuse program. FSAR protected records must not be used or disclosed without the individual’s written authorization. Any disclosure made pursuant to the individual’s authorization must be accompanied by a specific written statement that indicates the records are FSAR protected and thus should not be further disclosed.


Is there any indicator anywhere on the 837 that would indicate to a Plan that the information is FSAR protected? CLM09 and OI seem HIPAA privacy driven, not FSAR. While CLM09 and OI give permission to submit for processing, what mechanism would alert payer that any further use is not allowed?

Submitter Assigned Keywords

FSAR restrictions

Response

Neither the 4010A1 or 5010 versions of the 837 support this functionality.

Recommendation

The scope of this request may be best addressed by a Designated Standards Matenance Organization request.

http://www.hipaa-dsmo.org/
Submission 7/16/2010
Status Date 8/26/2010
Status F - Final
Primary References
Document 005010X222
Section2.4
Page161
Set IDpatien
Loop2300
Segment IDCLM
Element Position09
Code ValueY, I
Secondary References
RFI ID 1012
Document 005010X222
Section2.4
Page309
Set IDpat
Loop2320
Segment IDOI
Code ValueY, I