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SAMHSA Proposes Revisions to 42 CFR Part 2

The Department of Health and Human Services (HHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) proposed changes to 42 CFR Part 2 (Part 2), the regulation governing the confidentiality of substance use disorder (SUD) patient records.

The proposed rule aims to align Part 2 more closely with Health Insurance Portability and Accountability Act (HIPAA) regulations as required by the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. The changes seek to improve care coordination between providers and increase protections to SUD patients to mitigate discrimination during treatment.

The rule proposes to modify several Part 2 provisions, including:

  • Permitting use and disclosure of Part 2 records based on single patient consent.
  • New patient rights pertaining to consent and redisclosure of records.
  • Prohibitions on use and disclosure of Part 2 records in legal proceedings.
  • Establishment of new enforcement authority within HHS.

America’s Essential Hospitals is analyzing the proposed rule for comment and will send members a detailed Action Update in the coming days. Comments on the proposed rule are due to HHS by Jan. 30, 2023.

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


About the Author

Faridat Animashaun is a policy associate at America's Essential Hospitals.

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