CARES Act Significantly Revises Part 2 Rules to Better Align with HIPAA

Lexology

Baker & Hostetler LLP - Vimala Devassy and Kyle R. Gregory

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law. While the focus of the CARES Act has been on direct financial aid to Americans, the Act also contains a number of material revisions to the Federal privacy provisions that govern the confidentiality of substance-use disorder (“SUD”) records.

SUD information is protected by the federal confidentiality law found at 42 U.S.C. §290dd-2, which is the statutory authority for the SUD confidentiality regulations under 42 CFR Part 2, commonly referred to as “Part 2.” The CARES Act revises certain provisions of the SUD statute to better conform with ...

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