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

Forms and Documents

Document Name	Status
0092-SS-10.2.19.doc Supporting Statement A	2019-10-29

IC Document Collections

IC ID	Document Title	Status
7502	42 CFR 2.22 Instruction	Modified
181480	42 CFR 2.51 Instruction	Modified

ICR Details

OMB Control No: 0930-0092	ICR Reference No: 201910-0930-003
Status: Historical Active	Previous ICR Reference No: 201608-0930-006
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 without change	Conclusion Date: 12/06/2019
	Date Received in OIRA: 12/04/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2022	36 Months From Approved	12/31/2019
Responses	1,943,535	0	1,749,140
Time Burden (Hours)	388,103	0	349,056
Cost Burden (Dollars)	95,999	0	86,280

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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:
	84 FR 52522	10/02/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 66213	12/03/2019
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	1,943,535	1,749,140	0	194,395	0	0
Annual Time Burden (Hours)	388,103	349,056	0	39,047	0	0
Annual Cost Burden (Dollars)	95,999	86,280	0	9,719	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 349,056 burden hours in the OMB inventory. SAMHSA is requesting 388,103 hours. This adjustment of 39,047 hours is due to an increase in the number of patient admissions to treatment.

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Annual Cost to Federal Government: $30,851

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 12/04/2019

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