Lexology March 28, 2024
INTRODUCTION
On February 8, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) jointly issued a final rule to amend the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations under 42 C.F.R. Part 2 (Part 2), applicable to certain federally assisted SUD treatment programs (Part 2 Programs), to implement Section 3221 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The final rule modifies longstanding restrictions under Part 2. It newly permits disclosures of SUD patient records (Part 2 Records) for treatment, payment and health care operations purposes under a general consent and makes other changes to align Part 2’s record requirements with...
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