Common use of Alcohol and Substance Abuse Related Confidentiality Restrictions Clause in Contracts

Alcohol and Substance Abuse Related Confidentiality Restrictions. Alcohol and substance abuse information is confidential pursuant to 42 CFR Part 2. General authorizations are ineffective to obtain the release of such data. The federal regulations provide for a specific release for such data. You agree to ensure that you and any agent, including a subcontractor/business associate, to whom you provide MCD/PHI, agrees to the same restrictions and conditions that apply throughout this Agreement. Further, you agree to state in any such agreement, contract or document that the party to whom you are providing the MCD/PHI may be required to provide their Business Associate Agreements to DOH and may be required to receive acknowledgement or written agreement from DOH prior to redisclosing the MCD. You agree to include the notices preceding, as well as references to statutory and regulatory citations set forth above, in any agreement, contract or document that you enter into that involves MCD/PHI. Any agreement, contract or document with a subcontractor/business associate must contain all of the above provisions pertaining to confidentiality. It must contain the HIV/AIDS notice as well as a statement that the subcontractor/business associate may not use or disclose the MCD without the prior written approval of DOH.