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Summary of recently released Final Rule: 42 C.F.R. Part 2

from ABHW

Summary of recently released Final Rule: 42 C.F.R. Part 2 ABHW On July 15, 2020, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) issued a final rule updating the confidentiality requirements for substance use disorder (“SUD”) patient records under 42 C.F.R. Part 2 (“Part 2”). 1 The final rule is effective August 14, 2020. The Part 2 final rule aims to reduce delays and burdens in care coordination by more closely aligning Part 2 with the HIPAA Privacy Rule, while maintaining certain privacy protections specific to Part 2. The revisions, however, do not alter the basic framework for confidentiality protection of SUD patient records created by federally assisted SUD treatment programs. Part 2, as amended by the Part 2 final rule, continues to restrict the disclosure of SUD treatment records without patient consent, other than as statutorily authorized in the context of a bona fide medical emergency, for the purpose of scientific research, audit, or program evaluation, or based on an appropriate court order. Part 2 also continues to prohibit law enforcement’s use of SUD patient records in criminal prosecutions against patients, absent a court order. READ MORE

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