Newly Released Proposed Changes to Federal Privacy Regulations Protecting SUD Treatment Records

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Subject: Newly Released Proposed Changes to Federal Privacy Regulations Protecting SUD Treatment Records

Newly Released Proposed Changes to Federal Privacy Regulations Protecting SUD Treatment Records

The U.S. Department of Health and Human Services (HHS), through the Office for Civil Rights (OCR) and the Substance Abuse and Mental Health Services Administration (SAMHSA), has announced proposed changes to the Confidentiality of Substance Use Disorder (SUD) Patient Records under 42 CFR part 2 ("Part 2"). Part 2 protects the confidentiality of individuals in SUD treatment and establishes privacy and security requirements for written, electronic, and verbal information.

What you need to know:

HHS announced these changes by issuing a Notice of Proposed Rulemaking (NPRM) published in the Federal Register.
The NPRM aims to align Part 2 more closely with certain aspects of the Health Information Portability and Accountability Act (HIPAA). For more information about the proposals, see HHS's 42 CFR Part 2 Rulemaking Fact Sheet.
The changes are required by the Coronavirus Aid Relief and Economic Security (CARES) Act of 2020, which amend certain provisions of the statute underlying Part 2.
HHS is currently accepting public comments on the proposed rule.

The proposed changes to Part 2 will not take effect until the completion of the rulemaking process. Until that time, the current law and regulations continue to apply.

Click Here to View the Proposed Changes

For more information about the current state of the federal privacy laws for substance use disorder and mental health information, visit www.coephi.org.

This resource was 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: Newly Released Proposed Changes to Federal Privacy Regulations Protecting SUD Treatment Records