The Federal Substance Abuse Rules (FSAR) impose restrictions on the use and disclosure of alcohol and drug abuse patient records that are maintained in connection with the performance of any federally assisted alcohol and drug abuse program. FSAR protected records must not be used or disclosed without the individual’s written authorization. Any disclosure made pursuant to the individual’s authorization must be accompanied by a specific written statement that indicates the records are FSAR protected and thus should not be further disclosed.
Is there any indicator anywhere on the 837 that would indicate to a Plan that the information is FSAR protected? CLM09 and OI seem HIPAA privacy driven, not FSAR. While CLM09 and OI give permission to submit for processing, what mechanism would alert payer that any further use is not allowed?