New Resource: Substance Use Disorder Counseling Notes

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Subject: New Resource: Substance Use Disorder Counseling Notes

New CoE-PHI Resource:

Substance Use Disorder Counseling Notes

What Behavioral Health Providers and Administrators Need to Know in 2024 About 42 CFR Part 2's New Protections for SUD Counseling Notes

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In 2024, HHS amended 42 CFR Part 2 to improve alignment with HIPAA. One of these changes involves new protections for “substance use disorder (SUD) counseling notes." This resource from the CoE-PHI explains these new protections in detail.

This resource was authored by Jacqueline Seitz, JD.

Key Points:

Part 2 now provides stricter confidentiality protections for SUD counseling notes
SUD counseling notes must be separated from the rest of the patient’s record in order to meet the definition
A Part 2 program may not require a patient to sign a consent authorizing use or disclosure of SUD counseling notes as a condition of treatment

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This resource is supported by SAMHSA of the U.S. Department of Health and Human Services (HHS) as part of a financial assistance award with 100% funded by SAMHSA/HHS. The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by SAMHSA/HHS, or the U.S. Government.

Funded by SAMHSA, the CoE-PHI develops and disseminates resources, training, and TA for states, healthcare providers, school administrators and individuals and families to improve understanding and application of federal privacy laws and regulations, including FERPA, HIPAA, and 42 CFR Part 2, when providing and receiving treatment for SUD and mental illness.

Resources, training, technical assistance, and any other information provided through the CoE-PHI do not constitute legal advice.

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Subject: New Resource: Substance Use Disorder Counseling Notes