Final Substance Use Disorder Confidentiality Rule Released
- February 16, 2024
- Gerald E. DeLoss , Illinois Association for Behavioral Health
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 (OCR) released a Final Rule modifying the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at 42 C.F.R. Part 2 (Part 2). The Final Rule incorporates amendments to Part 2 that were required due to the amendment of 42 U.S.C. § 290dd-2, the statute upon which Part 2 is based. The statute was amended under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020, which required HHS to align Part 2 more closely with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Rules and the Health Information Technology for Economic and Clinical Health (HITECH) Act.
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