Welcome to Health-e Law, Sheppard’s podcast exploring the fascinating health tech topics and trends of the day. In this episode, associate and guest host Michael Sutton is joined by Dr. Gary Tsai, Senior Vice President and Chief Medical Officer at Telecare. They discuss how 42 CFR Part 2 differs from HIPAA, what recent federal changes mean for patients whose substance use information is shared, the importance of consent and the role of stigma in help-seeking. They also explore how telehealth and AI are shaping access to addiction treatment.
A board-certified psychiatrist and addiction medicine physician, Dr. Tsai previously served as Director of Substance Abuse Prevention and Control at the Los Angeles County Department of Public Health.
What we discuss in this episode:
- What 42 CFR Part 2 is and why it exists
- How Part 2 differs from HIPAA, including its higher bar for consent to share information
- The importance of consent when a single form covers both HIPAA and Part 2
- Why patients may hesitate to share substance use information, given concerns about jobs, custody of children and criminalization
- How knowing about a substance use disorder can change the care patients receive, from pain management to transplant decisions
- Why stigma discourages people from seeking treatment
- Whether HIPAA and Part 2 can be aligned while still recognizing what makes substance use disorders unique
- How to measure whether expanded data sharing is improving care and reducing disparities
- Why normalizing conversations about substance use can help reduce stigma
- How telehealth expands access to treatment in rural and hard-to-reach communities
- Why in-person connection still matters in addiction recovery
- The role of AI in addiction care and why context matters
- Why educating providers and patients about Part 2 supports better consent
About Dr. Gary Tsai
Gary Tsai, M.D., is the Senior Vice President and Chief Medical Officer at Telecare, where he leads clinical strategy, quality, medical affairs and innovation across the company’s multi-state continuum of behavioral health services. A board-certified psychiatrist and addiction medicine physician, he is focused on advancing person-centered care and expanding access to high-quality treatment for people with complex mental health and substance use conditions.
Before joining Telecare, Dr. Tsai spent 12 years as Director of the Los Angeles County Department of Public Health’s Substance Abuse Prevention and Control division, overseeing one of the nation’s largest publicly funded substance use disorder treatment systems. He currently serves as a Governor-appointed Commissioner on California’s Behavioral Health Services Oversight and Accountability Commission, where he helps guide the state’s shift from the Mental Health Services Act to the Behavioral Health Services Act and shape mental health and substance use priorities statewide.
Dr. Tsai’s work is shaped by decades of lived experience helping a loved one navigate fragmented health and behavioral health systems, and he uses film, media and technology to raise awareness. Dr. Tsai completed his medical training at the University of California, Davis School of Medicine and his residency at the San Mateo County Psychiatry Residency Training Program.
About Michael Sutton
An associate in the Corporate practice group in Sheppard’s Dallas office, Michael specializes in cutting-edge and disruptive areas of practice, blending healthcare, technology and legal compliance. In particular, he focuses on HIPAA and privacy regulations, considering their relationship with technological advancements in both healthcare and consumer sectors. He is skilled in negotiations regarding data usage and ownership rights, guiding clients on marketing or integrating technological innovations while navigating emerging regulations in digital healthcare, including artificial intelligence, web tracking, information blocking, offshoring and de-identification.
Michael has managed investigations, worked to resolve active breach incidents and advised clients on healthcare privacy and technology matters. He supports clients navigating HIPAA and other privacy laws to ensure their objectives are achieved within all legal and regulatory requirements. Michael also provides comprehensive regulatory services to a range of healthcare participants, including investors, managed care organizations, health plans and medical groups. In particular, he has tackled operational and contractual negotiations, licensing, compliance and fraud considerations and conducted regulatory due diligence for transactions, including mergers and acquisitions.
Michael also supports transactions involving tech companies and healthcare providers, guiding negotiations related to software and service relationships while identifying vulnerabilities in targets and devising creative solutions to address them.
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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.