(a) Effect. An order of a court of competent jurisdiction entered under this subpart is a unique kind of court order. Its only purpose is to authorize a use or disclosure of patient information which would otherwise be prohibited by 42 U.S.C. 290dd-2 and the regulations in this part. Such an order does not compel use or disclosure. A subpoena or a similar legal mandate must be issued to compel use or disclosure. This mandate may be entered at the same time as and accompany an authorizing court order entered under the regulations in this part.
(b) Examples. (1) A person holding records subject to the regulations in this part receives a subpoena for those records. The person may not use or disclose the records in response to the subpoena unless a court of competent jurisdiction enters an authorizing order under the regulations in this part.
(2) An authorizing court order is entered under the regulations in this part, but the person holding the records does not want to make the use or disclosure. If there is no subpoena or other compulsory process or a subpoena for the records has expired or been quashed, that person may refuse to make the use or disclosure. Upon the entry of a valid subpoena or other compulsory process the person holding the records must use or disclose, unless there is a valid legal defense to the process other than the confidentiality restrictions of the regulations in this part.
[89 FR 12629, Feb. 16, 2024]
Notes of Decisions
United States v. Ray L. Corona, 849 F.2d 562 (11th Cir. 1988).
· cites it 4× “§ 290ee-3, and its implementing regulations, 42 C.F.R. § 2.61 et seq. On December 22, 1986, the jury returned a verdict of guilty on all 18 counts of the indictment.”
In re Adoption (&, 102 N.E.3d 1018 (Mass. App. Ct. 2018).
“Its only purpose is to authorize a disclosure or use of patient information which would otherwise be prohibited by 42 U.”
Adoption of Virgil., 102 N.E.3d 1009 (Mass. App. Ct. 2018).
“" 42 C.F.R. § 2.61 (a) (1987). 12 Disclosure of treatment records is authorized if "[t]he disclosure is in connection with litigation or an administrative proceeding in which the patient offers testimony or other evidence pertaining to the content of the confidential…”
United States v. Jackson, 155 F.R.D. 664 (D. Kan. 1994).
“See 42 C.F.R. § 2.61 et seq. . The defendants also request subpoenas for the same information from La Hacienda Hospital and the Psychiatric Institute of Fort Worth.”
United States v. Smith, 789 F.2d 196 (3rd Cir. 1986).
“A court may order disclosure pursuant to § 290dd-3(b)(2)(C) and the regulations at 42 C.F.R. § 2.61 (1985) if “good cause” has been shown.”
Warner v. Lerner, 693 A.2d 394 (Md. Ct. Spec. App. 1997).
“Note, however, the provisions of 42 C.F.R. § 2.61 (generally prohibiting the disclosure of drug treatment records without a court order).”
United States v. Smith, 619 F. Supp. 1441 (M.D. Penn. 1985).
“According to this statute and the regulations published at 42 C.F.R. § 2.61 , the records can only be disclosed by a court order based upon a showing of *1451 good cause and a finding that the public interest and the need for disclosure outweigh the injury to the patient, to the…”
Div. of Fam. Servs. v. A.B., 980 A.2d 1045 (Del. Fm. Ct. 2009).
“§ 290dd-2 and subject to regulations promulgated by the Secretary of Health and Human Services beginning at 42 C.F.R. § 2.61 . The federal law regarding the confidentiality of records, and permissible disclosure pertaining to patients undergoing substance abuse and mental health…”
— 42 C.F.R. § 2.61(a) — 1 case
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