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SAMHSA Finalizes Revisions for 42 CFR Part 2

On July 13, the Substance Abuse and Mental Health Services Administration (SAMHSA) finalized revisions of 42 CFR Part 2, which pertains to confidentiality of patient records related to substance use disorder (SUD). The changes specifically relate to:

  • redisclosure of SUD records;
  • consent requirements;
  • disclosures;
  • public health emergencies; and
  • research.

Part 2, a longstanding rule that dictates how to share patient data related to SUD, is intended to protect patient privacy by requiring additional consent from patients before disclosing a history of SUD.

The new changes aim to remove barriers to care coordination and allow additional information sharing for providers treating patients with SUD. SAMHSA finalized this rule to improve care coordination in the interim as the agency works on more comprehensive Part 2 flexibility mandated by Congress in the Coronavirus Aid, Relief, and Economic Security Act.

The final revisions will take effect 30 days after publication in the Federal Register.

The association will send members a detailed Action Update on the final rule in the coming days.

Contact Senior Director of Policy Erin O’Malley at eomalley@essentialhospitals.org or 202.585.0127 with questions.

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About the Author

Abigail Painchaud is a policy associate at America's Essential Hospitals.

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