Lexology April 1, 2020
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law. While the focus of the CARES Act has been on direct financial aid to Americans, the Act also contains a number of material revisions to the Federal privacy provisions that govern the confidentiality of substance-use disorder (“SUD”) records.
SUD information is protected by the federal confidentiality law found at 42 U.S.C. §290dd-2, which is the statutory authority for the SUD confidentiality regulations under 42 CFR Part 2, commonly referred to as “Part 2.” The CARES Act revises certain provisions of the SUD statute to better conform with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), thereby minimizing the...
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