Dear Association Executives - HHS has released its final rule regarding modifications to the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at 42 CFR Part 2 (commonly called "Part 2").
In accordance with the bipartisan CARES Act of 2020, the final rule helps to bring Part 2 into alignment with HIPAA. The National Council submitted comment on this proposal last year.
Specifically, the final rule:
- Permits use and disclosure of Part 2 records from a single patient consent for all future uses and disclosures for treatment, payment, and health care operations.
- Aligns Part 2 patient notice requirements with requirements under HIPAA.
- Permits redisclosure of Part 2 records by HIPAA covered entities and business associates in accordance with HIPAA, with certain exceptions.
- Establishes HHS enforcement authority, inclusive of penalties for Part 2 violations, and outlines breach notification requirements.
The rule is scheduled to be published in the Federal Register on February 16, 2024 with an effective date 60 days after its publication and a compliance date of February 16, 2026. You can read more at HHS' final rule fact sheet.
Please feel free to share this information with your members. We will also send this out tomorrow as part of our Capitol Connector newsletter.
Please let me or Katherine Seibel, Manager, Federal and Regulatory Activities (KatherineS@thenationalcouncil.org) know if you have questions or if any additional information would be helpful.
Thank you –
Reyna
Reyna Taylor
Senior Vice President, Public Policy and Advocacy
ReynaT@thenationalcouncil.org
Direct – 202-774-1651
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Neal Comstock
Director of Membership
National Council
NealC@TheNationalCouncil.org
202 748-8793
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