Confidentiality of Alcohol and Drug Abuse Patient Records - 42 CFR Part 2

Forms and Documents

Document Name	Status
0092-SS-6-24-10.doc Supporting Statement A	2010-08-02

IC Document Collections

IC ID	Document Title	Status
7502	42 CFR 2.22 Other-Regulation and HIPAA Rule	Modified
181480	42 CFR 2.51 Other-Regulation and HIPAA Rule	Modified

ICR Details

OMB Control No: 0930-0092	ICR Reference No: 201008-0930-005
Status: Historical Active	Previous ICR Reference No: 200708-0930-001
Agency/Subagency: HHS/SAMHSA	Agency Tracking No:
Title: Confidentiality of Alcohol and Drug Abuse Patient Records - 42 CFR Part 2
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/29/2010
	Date Received in OIRA: 08/13/2010
Terms of Clearance: Prior to its next submission of this collection for OMB approval, SAMHSA will determine whether it can and should provide optional standardized notices that can be downloaded from its website to help respondents meet the requirements of the pertinent regulations governing this collection and alleviate burdens.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2013	36 Months From Approved	10/31/2010
Responses	1,885,631	0	1,870,806
Time Burden (Hours)	376,462	0	373,460
Cost Burden (Dollars)	92,477	0	73,982

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Abstract: Statutes require Federally conducted, regulated, or directly or indirectly assisted alcohol and drug abuse programs to keep patient records confidential. Information requirements are (1) written disclosure to patients, and (2) documenting "medical personnel" status of recipients of a disclosure to meet a medical emergency.

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Authorizing Statute(s): US Code: 5 USC 290dd Name of Law: Confidentiality of Records
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 20368	04/19/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 45123	08/02/2010
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
42 CFR 2.22
42 CFR 2.51

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,885,631	1,870,806	0	14,825	0	0
Annual Time Burden (Hours)	376,462	373,460	0	3,002	0	0
Annual Cost Burden (Dollars)	92,477	73,982	0	18,495	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: This increase of 3,002 hours is due to an increase in the number of patient admissions to treatment.

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Annual Cost to Federal Government: $53,166

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/13/2010

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