Lexology April 11, 2024
The US Department of Health and Human Services, Office for Civil Rights (OCR) and the Substance Abuse and Mental Health Services Administration issued a Final Rule modifying the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations under 42 C.F.R. Part 2 (Part 2), applicable to certain federally assisted SUD treatment programs (Part 2 Programs), and to SUD patient records (Part 2 Records).
The effective date of the Final Rule is April 16, 2024, and entities have until February 16, 2026, to comply.
The Final Rule includes several changes to align Part 2 more closely with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), which applies to protected health information, and to reduce administrative burdens, as summarized below:
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