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Association Comments on Part 2 Proposed Rule

In an Oct. 25 letter to the Substance Abuse and Mental Health Services Administration (SAMHSA), America’s Essential Hospitals expressed support for the agency’s efforts to revise confidentiality requirements, known as 42 CFR Part 2 (Part 2), while outlining concerns over remaining barriers.

The association’s letter is in response to SAMHSA’s proposed revisions to Part 2 regulations to better facilitate care coordination and information sharing among providers treating patients with substance use disorders.

America’s Essential Hospitals urged SAMHSA to:

  • finalize its proposal to allow opioid treatment providers to enroll in state prescription drug monitoring programs;
  • include care coordination and case management as allowable payment and health care operations activities for disclosure with written consent; and
  • work with other federal agencies to address technological barriers to data segmentation for patient records not covered under Part 2.

While the agency’s proposed revisions to Part 2 regulations are an important step in removing barriers to information sharing, America’s Essential Hospitals continues to advocate for full alignment of Part 2 with Health Insurance Portability and Accountability Act (HIPAA) regulations. HIPAA permits sharing of patients’ health records for treatment, payment, and health care operations without first obtaining patient consent, enabling better care coordination. Full alignment with HIPAA requires congressional action.

Contact Senior Director of Policy Erin O’Malley at or 202.585.0127 with questions.


About the Author

Zina Gontscharow is a former senior policy analyst for America's Essential Hospitals.

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