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SAMHSA Finalizes Changes to Part 2 Privacy Rules

  • 1.  SAMHSA Finalizes Changes to Part 2 Privacy Rules

    National Council Staff
    Posted 07-15-2020 14:13
    Edited by Neal Comstock 07-15-2020 14:14

    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:

    • Applicability and Re-Disclosure
    • Disposition of Records
    • Consent Requirements
    • Disclosure Permitted with Written Consent
    • Disclosures to Central Registries and PDMPs
    • Medical Emergencies
    • Research
    • Audit and Evaluation; and
    • Undercover Agents and Informants

    As always, it is important that National Council members consult independent legal counsel if they have questions specific to their practice.

    Stephanie Katz
    Director, Federal Policy and Advocacy
    National Council for Behavioral Health

    Neal Comstock
    Director of Membership
    National Council
    202 748-8793