HHS Eases Federal Substance Use Disorder Confidentiality Rules

The National Law Review

Elliot Golding

Last month the Substance Abuse and Mental Health Services Administration (“SAMHSA”) finalized amendments to the federal Confidentiality of Substance Use Disorder Patient Records regulation, 42 C.F.R. Part 2 (“Part 2”). The changes purport to better facilitate substance use disorder (“SUD”) care coordination and treatment by loosening technical consent requirements, clarifying permissible disclosures, and providing other guidance. Notably, these changes do not address changes required under the COVID-19-related CARES Act, which will require aligning Part 2’s consent requirements more closely to HIPAA. More information about these changes are summarized below:

Modification of Authorization Requirements:...

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