Lexology January 13, 2023
HHS and SAMHSA Issue Proposed Rule Aligning HIPAA and 42 CFR Part 2
On November 28, 2022, the federal Department of Health and Human Services (“HHS”) and the Substance Abuse and Mental Health Services Administration (“SAMHSA”) released a proposed rule (87 FR 74216) to implement the bipartisan CARES Act legislation, which, among other things, will require HHS to bring 42 CFR part 2 (“Part 2”) into greater alignment with certain aspects of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy, Breach Notification, and Enforcement Rules. As discussed by HHS in its public release, Part 2 protects patient privacy and records concerning treatment related to substance use challenges from unauthorized disclosures. Specifically, the proposed rule increases coordination among...
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