HHS Aligns Part 2 Rules with the HIPAA Privacy Rules Effects on Self Insured Plan Sponsors

Lexology April 3, 2024
Kilpatrick Townsend & Stockton LLP

In a December 2023 blog post, we discussed the HHS proposed revisions to the Part 2 regulations and that finalization of those regulations was imminent. On February 8, 2024, HHS through the Substance Abuse and Mental Health Services Administration (“SAMHSA”) and the Office for Civil Rights (“OCR”) announced final regulations modifying the confidentiality of substance use disorder patient records regulations at 42 CFR Part 2 (commonly referred to as “Part 2”). The updated Part 2 rules align certain aspects of Part 2 with the HIPAA privacy rules.

HIPAA and Part 2 Regulations

Some health plan sponsors may have not heard of the Part 2 regulations. Part 2 imposes requirements for substance use disorder (“SUD”) treatment records protected by Part...

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