Lexology February 22, 2024
On February 16, 2024, the U.S. Department of Health and Human Services (“HHS”) published a final rule to amend the Confidentiality of Substance Use Disorder (“SUD”) Patient Records regulations (“Part 2”) to more closely align Part 2 with the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (collectively, “HIPAA”) as required by Section 3221 of the 2020 Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). We previously covered the proposed rule (hereinafter, “the NPRM”), which was issued on December 2, 2022.
The final rule, issued through the Office for Civil Rights (“OCR”) and the Substance Abuse and Mental Health Services Administration (“SAMHSA”), increases alignment between certain Part 2 requirements and HIPAA and it...
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