Manatt Health February 14, 2024
Last week, the Department of Health and Human Services (HHS) released a final rule intended to implement a 2020 modification to the federal substance use disorder (SUD) privacy statute. The final rule more closely aligns the Confidentiality of Substance Use Disorder Patient Records regulations under 42 CFR Part 2 with the regulatory requirements under the Health Insurance Portability and Accountability Act (HIPAA) privacy rule. HHS indicated that the changes are intended to improve care coordination for patients seeking or undergoing SUD treatment, ease patient privacy concerns, and break down barriers to information sharing by easing compliance complexities and providing patients with additional rights.
Unlike HIPAA, which applies to nearly all personal information held by health care providers and health plans,...
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