The Department of Health and Human Services finalized proposed changes to 42 CFR Part 2, which governs the confidentiality of substance use disorder (SUD) patient records, to align the regulation more closely with HIPAA as required by the Coronavirus Aid, Relief, and Economic Security Act of 2020.
The final rule allows patients to give a single consent for all uses and disclosures for SUD treatment, payment, and health care operations, and allows HIPAA covered entities to receive records under this consent. Further, SUD counseling notes receive the same protection under HIPAA as psychotherapy notes.
Part 2 providers or programs are federally assisted and function solely to provide SUD diagnosis, treatment, or referral for treatment. A general medical facility has a Part 2 program if an identified care unit or medical personnel serves that function. Part 2 requirements also apply to clinicians with a Drug Enforcement Administration license to use controlled substances for SUD detoxification or maintenance treatment.
America’s Essential Hospitals long has advocated for Part 2 to align with HIPAA regulations to improve care coordination. The association submitted comments in January 2023 expressing support of this rule.
Contact Director of Policy Rob Nelb, MPH, at rnelb@essentialhospitals.org or 202.585.0127 with questions.
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