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

Forms and Documents

Document Name	Status
0092-SS-9.24.13.doc Supporting Statement A	2013-09-24

IC Document Collections

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

ICR Details

OMB Control No: 0930-0092	ICR Reference No: 201307-0930-001
Status: Historical Active	Previous ICR Reference No: 201008-0930-005
Agency/Subagency: HHS/SAMHSA	Agency Tracking No: 19858
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 with change	Conclusion Date: 09/24/2013
	Date Received in OIRA: 07/02/2013
Terms of Clearance: As shown by the changes made to this collection, SAMHSA shall take measures to submit these types of changes as extensions and should continue to accurately distinguish between adjustments and program changes.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2016	36 Months From Approved	09/30/2013
Responses	2,018,080	0	1,885,631
Time Burden (Hours)	402,788	0	376,462
Cost Burden (Dollars)	92,477	0	92,477

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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: 42 USC 290 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:
	78 FR 23944	04/23/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 37838	06/24/2013
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	2,018,080	1,885,631	0	0	132,449	0
Annual Time Burden (Hours)	402,788	376,462	0	0	26,326	0
Annual Cost Burden (Dollars)	92,477	92,477	0	0	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: No

Burden Reduction Due to:

Short Statement: Currently, there are 376,462 burden hours in the OMB inventory. The Program is requesting 402,788 hours. This increase of 26,326 hours is due to an increase in the number of patient admissions to treatment.

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Annual Cost to Federal Government: $26,583

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]? No

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: 07/02/2013

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