Q.

What are Federal Regulations regarding whether it is permissible to disclose MHcare records of other agencies which come into the possession of over agency in the course of providing MHcare to other patients?

A.

Your question assumes that the records of other agencies are protected by the federal regulation protecting the confidentiality of alcohol and drug abuse patient records, 42 CFR Part 2.

The federal regulation allows disclosure and redisclosure of protected records with the consent of the patient.  Sections 2.32 and 2.33 of the regulation provide as follows:

Sec. 2.32 Prohibition on redisclosure.  Notice to accompany disclosure.  Each disclosure made with the patient's written consent must be accompanied by the following written statement:  This information has been disclosed to you from records protected by Federal confidentiality rules (42 CFR part 2).  The Federal rules prohibit you from making any further disclosure of this information unless further disclosure is expressly permitted by the written consent of the person to whom it pertains or as otherwise permitted by 42 CFR part 2.  A general authorization for the release of medical or other information is NOT sufficient for this purpose.  The Federal rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient.

Sec. 2.33 Disclosures permitted with written consent.  If a patient consents to a disclosure of his or her records under Sec. 2.31, a program those records in accordance with that consent to any individual or organization named in the consent, except that disclosures to central registries and in connection with criminal justice referrals must meet the requirements of Secs. 2.34 and 2.35, respectively.

Therefore, if your agency intends to redisclose records, the consent for redisclosure should specifically identify the records to be redisclosed.  Further, as you are undoubtedly aware the consent must be in a form in compliance with the regulations as provided in section 2.31.