United States: Health And Human Services Proposes Changes To Part 2 Regulations Concerning Substance Use Disorder Records To Further Align With HIPAA

Mondaq December 26, 2022
by Jennifer L. Romig , Sarah Blumenthal , Matthew Colin and Meg Lewellyn

For decades, health care providers that are subject to both HIPAA and to the specialized Confidentiality of Substance Use Disorder (“SUD”) Patient Records regulations (known as “Part 2”)¹ have had to navigate differing, and at times divergent, privacy and confidentiality rules applicable to patient health information and patient records. These disparate privacy rules have, for many providers, served as a hindrance to the information sharing necessary to facilitate coordinated care. On December 2, 2022, OCR² and SAMHSA³ released long-awaited proposed changes to Part 2 through a Notice of Proposed Rulemaking (the “Proposed Rule”) to better harmonize HIPAA and Part 2.⁴

This Alert provides a brief history of Part 2, summarizes key changes in the Proposed Rule, and discusses potential implications...

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