Pulse February 9, 2024
Matt Fisher

The Department of Health and Human Services released a final rule that will establish greater alignment between Part 2 (privacy of substance use disorder treatment records) and HIPAA. HHS kicked off the process with a notice of proposed rulemaking that was published on December 2, 2022. The 60 day period to submit comments closed in early 2023. Now, roughly a year later, the final rule is coming.

Statutory changes from the Coronavirus Aid, Relief, and Economic Security Act of 2020 (the “CARES Act”) were the impetus for the new regulations. However, the drive to incorporate consistency with HIPAA into Part 2 had been a long sought outcome since it would allow for greater consistency in understanding of how to interact...

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