Finalized Confidentiality of Alcohol and Drug Abuse Patient Records Regulations

by  Wyn Staheli, Director of Research
August 31st, 2018

In January, the U.S. Department of Health and Human Services (HHS) issued updates to the privacy regulations regarding the confidentiality of patient information of substance use disorder patients (42 CFR Part 2).  This notice included references to better alignment with HIPAA regulations, but did state that Part 2 is more protective in order to retain "important privacy protections for individuals seeking treatment for substance use disorders." 

With the increase focus on integrated health care models as a pathway to better outcomes, these regulations are necessary to ensure the success of these programs.

The following sections were revised:

• 2.32 Prohibition on re-disclosure
• 2.33 Disclosures permitted with written consent
• 2.35 Disclosure to elements of the criminal justice system which have referred patients
• 2.53 Audit and evaluation

For detailed information, see the Federal Register notice beginning on page 47 (see References).

References:

• Confidentiality of Substance Use Disorder Patient Records
• HHS updates substance abuse confidentiality regulations, hints at future HIPAA alignment