Good Afternoon Association Executives,
Please find a memorandum from the National Council's outside consulting firm regarding a rule governing the confidentiality of substance use disorder patient records finalized by the Department of Health and Human Services and the Substance Abuse and Mental Health Services Administration.
The final rule maintains the basic confidentiality framework for substance use disorder patients – prohibiting use for the purposes of criminal prosecution and restricting disclosure without patient consent – while making modifications that encourage care coordination among providers.
The rule makes changed to 42 CFR Part 2 specific to the following:
As always, it is important that National Council members consult independent legal counsel if they have questions specific to their practice.
Stephanie KatzDirector, Federal Policy and AdvocacyNational Council for Behavioral HealthStephaniek@TheNationalCouncil.org