Lexology February 20, 2024
Final rule increases consistency with HIPAA and improves patient choice with respect to uses and disclosure of records, but adds new teeth with heightened enforcement risk
The long-anticipated final rule addressing substance use disorder (SUD) records at 42 C.F.R. Part 2, commonly referred to as Part 2, is here. The final rule is a joint undertaking by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA). The rule attempts to align Part 2 with the Health Insurance Portability and Accountability Act of 1996 and its Privacy, Breach Notification, and Enforcement Regulations (collectively “HIPAA”).
The final rule adopts many of the provisions introduced in the Notice of...
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