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Fact Sheet 42 CFR Part 2 Final Rule. On February 8, 2024, the U.S. Department of Health & Human Services (HHS) through the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office for Civil Rights announced a final rule modifying the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at 42 CFR ...
- Office For Civil Rights (OCR)
- Subpart A—Introduction. § 2.1 Statutory authority for confidentiality of substance use disorder patient records. Cross Reference. Link to an amendment published at 89 FR 12617, Feb.
- Subpart B—General Provisions. § 2.11 Definitions. Cross Reference. Link to an amendment published at 89 FR 12618, Feb. 16, 2024. For purposes of the regulations in this part
- Subpart C—Disclosures With Patient Consent. Cross Reference. Link to an amendment published at 89 FR 12625, Feb. 16, 2024. § 2.31 Consent requirements.
- Subpart D—Disclosures Without Patient Consent. Cross Reference. Link to an amendment published at 89 FR 12627, Feb. 16, 2024. § 2.51 Medical emergencies.
Jul 13, 2020 · Learn how the revised rule changes the confidentiality protections and disclosure permissions for substance use disorder (SUD) patient records created by federally assisted programs. The rule aims to improve coordination of care, access to benefits and resources, and research on SUD treatment.
ProvisionWhat Changed?Why Was This Changed?Applicability and Re-DisclosureTreatment records created by non-Part 2 ...To facilitate coordination of care ...Disposition of RecordsWhen an SUD patient sends an incidental ...To ensure that the personal devices of ...Consent RequirementsAn SUD patient may consent to disclosure ...To allow patients to apply for benefits ...Disclosures Permitted w/ Written ConsentDisclosures for the purpose of “payment ...In order to resolve lingering confusion ...Jan 18, 2017 · This web page provides the full text of the federal regulation that protects the privacy of patients with substance use disorders. It covers the definitions, exceptions, disclosures, and enforcement of the confidentiality rules.
- When a patient has signed a consent form allowing disclosure to multiple parties, can the patient revoke consent for disclosure to one or more of those parties while leaving the rest of the consent in force?
- Does a consent form allowing for a program to disclose Part 2 information remain in effect when the disclosing program merges with another or undergoes corporate restructuring?
- May a Part 2 program disclose patient information to providers of “on-call coverage” pursuant to a Qualified Service Organization Agreement (QSOA)?
- Can a single Part 2 consent form be used to authorize patient information to be exchanged through an HIO’s system for different purposes, such as treatment, payment, disease management and/or quality improvement?
Apr 16, 2024 · The regulations at 42 CFR part 2 (“Part 2”) protect the confidentiality of substance use disorder (SUD) treatment records. Part 2 protects “records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education ...
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Jan 18, 2017 · 2.65 Procedures and criteria for orders authorizing disclosure and use of records to criminally investigate or prosecute patients. 42:1.0.1.1.2.5.1.6. SECTION 2.66. 2.66 Procedures and criteria for orders authorizing disclosure and use of records to investigate or prosecute a part 2 program or the person holding the records.
