Lexology February 20, 2024
On February 8, 2024, the Department of Health and Human Services (HHS) posted a final rule that aims to align 42 CFR Part 2 (Part 2) — which protects certain substance abuse disorder (SUD) records — with the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act. The final rule also implements modifications required by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The goal is to improve care coordination and strengthen privacy protections, particularly for patients seeking SUD treatment. While the majority of these changes apply to Part 2 programs,[1] it is also important that providers that exchange records with these programs, such as covered entities under HIPAA...
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