Health Care Law Blog Banner

Health Care Law Blog

Updates to the Confidentiality of Substance Use Disorder Patient Records Regulations
Posted by: and

Earlier this year, the Substance Abuse and Mental Health Services Administration (SAMHSA), a branch of the U.S. Department of Health and Human Services (HHS), finalized updates to the Confidentiality of Substance Use Disorder Patient Records regulation at 42 CFR Part 2 ("Part 2").

Part 2 protects the confidentiality of patient records relating to substance use disorder education, prevention, training, treatment, rehabilitation or research. Under Part 2, a substance abuse program that receives federal funding may release patient information only with the patient’s written consent, unless an exception applies. Part 2 was originally enacted in 1975 to address the concern that individuals might be deterred from seeking treatment for substance use disorders due to a fear that their identities could be revealed.

According to SAMHSA, the updates to Part 2 reflect an effort to (1) facilitate the exchange of information within new integrated care models; (2) better align Part 2 requirements with those of the Health Insurance Portability and Accountability Act (HIPAA); and (3) address privacy concerns of patients who are confronting substance abuse disorders and their families.

Some of the major updates to Part 2 are listed below:

  • The final rule permits the disclosure of Part 2 patient information to qualified personnel for purposes of conducting scientific research if the researcher meets certain requirements.
  • The final rule provides that a patient may consent to disclosing their information using a general designation in certain circumstances, in order to allow patients to benefit from integrated health systems.
  • The final rule permits disclosures of patient identifying information to certain contractors, subcontractors, and legal representatives for payment and health care operations activities without patient consent, if certain requirements are met.
  • The final rule will assist users of electronic health records (EHRs) by permitting use of an abbreviated notice of prohibition on re-disclosure that is more easily accommodated in EHR text fields.

If you have any questions regarding these updates to Part 2, please contact a member of our health care practice group.

Authors

Categories

Recent Posts

Jump to Page

Foster Swift Collins & Smith PC Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek