Study: Substance treatment law changes needed
Expanding the ability to share medical records electronically is key to better communication between physical and behavioral health professionals treating the same person, according to a new study.
A new study has pointed to a need to change federal and state laws to enable easier sharing of substance abuse treatment information so patients can be treated in a more holistic way.
The Blue Cross Blue Shield of Massachusetts Foundation report Sharing Behavioral Health Information in Massachusetts: Obstacles and Potential Solutions explored the issue of improving communication between the treatment of the physical and behavioral portions of patient health. According to the study, information relating to mental health or substance use disorder treatment is given greater protection under both federal and Massachusetts law than most other types of health records. While this is partially done to avoid stigmatizing patients, according to the authors of the study, it can also constrict the overall treatment of the patient. The study looked at laws that may limit the ability of providers to share information regarding patients who are jointly under their care, thereby impeding care coordination and possibly worsening health outcomes.
The study found that while HIPPA privacy rules do not create substantial barriers to information exchange among physical and behavioral health providers, the main legal barriers to data exchange arise under the federal regulations governing substance use disorder treatment programs—42 C.F.R. Part 2—and Massachusetts laws governing mental health information. The federal rules require patient consent for most disclosures for treatment purposes and the Massachusetts law can be interpreted in that way as well, according to the study.
In addition to legal barriers, according to the study, primary obstacles to information sharing include variable adoption of electronic health records across behavioral health providers, the absence of true interoperability between the electronic health record systems maintained by different providers, and the failure of electronic health systems to segregate records subject to heightened privacy restrictions.
These issues can be addressed through clarification of the Massachusetts law, according to the study, as well as through technological advancements. However, key changes could include revisions to the Part 2 regulations to simplify the patient consent process and broader treatment exceptions under Massachusetts mental health information laws.
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