Statement of ACAP CEO Margaret A. Murray on Passage of OPPS Act

 Jeff Van Ness, (202) 204-7515;


WASHINGTON—Margaret A. Murray, Chief Executive Officer of the Association for Community Affiliated Plans (ACAP), today made the following statement upon the passage of H.R. 6082, the Overdose Prevention and Patient Safety (OPPS) Act, in the House of Representatives, which would among other things harmonize patient privacy regulations at 42 CFR Part 2 with those contained in the Health Insurance Portability and Accountability Act (HIPAA):

“We applaud the House for passing the OPPS Act. It will go a long way toward helping people who live with substance use disorders.

“While ACAP-member plans support strict patient privacy standards, Part 2 requirements have proven to be a hindrance to effective substance use disorder care. Enrollee must consent to the release of information for the health plan and every health care provider that will see their data, and to each specific use for those data.  However, in a coordinated care plan, the sharing of data between the health plan and members of the care delivery team is a key component to meeting member health needs, identify and ameliorate gaps in care, foster compliance with treatment regimens and ensure patient safety.  In such a system, Part 2 requirements are excessively burdensome and have the effect of undermining the delivery of care to this population.

“The OPPS Act aligns Part 2 requirements with well-established HIPAA privacy requirements that allow the use and disclosure of patient information solely for treatment, patient safety, payment, and health care operations for health plans that operate in Medicaid, CHIP, D-SNPs and those that operate as QHPs in health insurance Marketplaces.  Furthermore, it enhances patient protections by explicitly prohibiting use of records for criminal, administrative, and civil justice purposes.

“This will allow for better-coordinated care, help providers spend more time treating patients and less time filling out paperwork, and lead to better care for everyone who lives with substance use disorder. We call upon the Senate to finish the work of the House and include the OPPS Act in any package around opioids they send to the White House.”

About ACAP

ACAP represents 61 Safety Net Health Plans, which provide health coverage to more than 21 million people in 29 states. Safety Net Health Plans serve their members through Medicaid, Medicare, the Children’s Health Insurance Program (CHIP), the Marketplace and other health programs. For more information, visit

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