News & Analysis as of

Drug & Alcohol Abuse SAMHSA

Venable LLP

Sharing of Addiction Treatment Records Gets Biden HHS Overhaul

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After a nearly two-year delay, the U.S. Department of Health & Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office for Civil Rights, promulgated a Final Rule...more

Stevens & Lee

Bipartisan Mental Health Legislation Awaits House Vote

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Annual overdose deaths in the U.S. reached an all-time high of 100,000 last year and overdose remains the second-leading cause of death for people between the ages of 10 and 14. In an attempt to address the rising number of...more

Akin Gump Strauss Hauer & Feld LLP

An Opportunity for Bipartisan Action: Congress and the Biden-Harris Administration Respond to Growing Mental Health and Substance...

In October of 2018, Congress passed the SUPPORT for Patients and Communities Act (P.L. 115-271). The comprehensive opioid treatment law passed both chambers of Congress with large bipartisan support and tackled many aspects...more

Jones Day

February 2, 2020 is Here: Are Your Agreements Compliant With the Part 2 Rule?

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The Situation: The two-year grace period for updating agreements of "lawful holders" (i.e., recipients named on patient consent forms obtained pursuant to the Part 2 Rule) with contractors, subcontractors, and legal...more

Ruder Ware

Proposed Revisions to the SAMHSA Regulations Would Permit Non-Part 2 Providers to Reference Part 2 Treatment in Patient Records

Ruder Ware on

Our representation of behavioral health and substance abuse programs has required us to stay in tune to issues involving special confidentiality of patient records under 42 CFR Part 2, also known as the SAMHSA regulations The...more

Searcy Denney Scarola Barnhart & Shipley

Can Surgeon General Advisory Affect Opioid Overdoses?

Jerome Adams Calls on Communities To ‘Be Prepared’ and ‘Save A Life’ The opioid epidemic in America is so out of hand that the U.S. surgeon general’s office has issued an advisory: “Be prepared. Get naloxone. Save a life.”...more

K&L Gates LLP

K&L Gates Triage: Opioid Epidemic: Recent HIPAA Guidance – What Does It Mean?

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In the second episode of our series on the national opioid crisis, Gina Bertolini discusses the overlay of recent guidance concerning privacy laws such as the Health Insurance Portability and Accountability Act (HIPAA) and...more

Akerman LLP - Health Law Rx

DEA Implements CARA, Enlisting Mid-Level Practitioners in the War on Opioid Addiction

Prior to the Comprehensive Addiction and Recovery Act of 2016 (CARA) only “physicians” could dispense and prescribe narcotic drugs for maintenance and detoxification treatment. CARA expanded who may prescribe for maintenance...more

Stoel Rives LLP

SAMHSA Amends 42 CFR Part 2, Seeking to Better Align the Regulation with Today’s Health Care Delivery System

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In another step towards modernizing the privacy rule designed to protect patient substance abuse records, the Department of Health and Human Services Substance Abuse and Mental Health Services Administration (“SAMHSA”)...more

Nelson Mullins Riley & Scarborough LLP

SAMHSA Final Rule Expands Permitted Disclosures of Substance Use Disorder Information to Subcontractors

The Substance Abuse and Mental Health Services Administration (SAMHSA) has issued a final rule (Rule) updating the Confidentiality of Substance Use Disorder Records, 42 CFR part 2 (Part 2), to expand the circumstances under...more

Bass, Berry & Sims PLC

SAMHSA Further Revises the Part 2 Drug and Alcohol Abuse Confidentiality Requirements

Bass, Berry & Sims PLC on

On January 3, 2018, the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) issues a final rule to implement modifications to the Confidentiality of Substance Use...more

Snell & Wilmer

SAMHSA Issues Final Rule Modernizing Confidentiality Requirements for Patients Receiving Substance Use Disorder Treatment

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Last month, the U.S. Department of Health and Human Services (“HHS”) Substance Abuse and Mental Health Services Administration (“SAMHSA”) released a Final Rule updating the Confidentiality of Alcohol and Drug Abuse Patient...more

King & Spalding

Substance Abuse and Mental Health Services Administration (SAMHSA) Issues Confidentiality of Alcohol and Drug Abuse Patient...

King & Spalding on

On January 13, 2017, SAMHSA issued a Final Rule updating the Confidentiality of Alcohol and Drug Abuse Patient Records regulations (42 C.F.R. Part 2). SAMHSA also issued a Supplemental Proposed Rule requesting comments on...more

Bass, Berry & Sims PLC

HHS Modifies Drug and Alcohol Abuse Confidentiality Regulations, Proposes Additional Revisions

Bass, Berry & Sims PLC on

On January 18, 2017, the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) released a final rule (the Final Rule) modifying the federal regulations governing the...more

Robinson+Cole Data Privacy + Security Insider

SAMHSA Issues Final Rule for Update to Part 2

The Substance Abuse and Mental Health Services Administration (SAMHSA) issued its final rule updating proposed changes to the Confidentiality of Alcohol and Drug Abuse Patient Records regulations (also known as 42 CFR Part 2...more

Polsinelli

Addressing the Opioid Crisis

Polsinelli on

Following the July 13 U.S. Senate's passage of Comprehensive Addiction and Recovery Act (CARA), providers, families and communities should evaluate the act's impacts. The reform, S. 524, is viewed as a comprehensive approach...more

Baker Donelson

Proposed Changes to the Part 2 Regulations: Another Example of Necessary Flexibility in the Wake of Changes to Health Care...

Baker Donelson on

On February 9, 2016, the Substance Abuse and Mental Health Services Administration (SAMHSA) published a proposed rule to update and modernize the Confidentiality of Alcohol and Drug Abuse Patient Records regulations governing...more

Polsinelli

SAMHSA Seeks Comment on Proposed Changes to Address Barriers to Information Sharing

Polsinelli on

The Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA), is seeking comments by April 11, 2016 on a proposed rule to make significant changes to 42 CFR Part 2, the...more

Brownstein Hyatt Farber Schreck

Significant Proposed Changes Seek to Modernize Regulations on Confidentiality of Drug and Alcohol Abuse Patient Records Under Part...

On February 9, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) published proposed rule changes relating to the confidentiality of drug and alcohol abuse patient records in 42 CFR Part 2 (“Part 2”). ...more

McDermott Will & Emery

SAMHSA Proposes Changes to Substance Use Disorder Treatment Confidentiality Regulations

McDermott Will & Emery on

On February 5, 2015, the Substance Abuse and Mental Health Administration (SAMHSA) released a long-awaited proposed rule to modify the confidentiality rules that apply to patient identifying information generated by federally...more

Davis Wright Tremaine LLP

One Step Forward and Two Steps Back: Proposed Changes to the Alcohol and Drug Abuse Treatment Confidentiality Rule

On Feb. 9, 2016, the U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) published in the Federal Register a proposed rule putting forth amendments to the Alcohol...more

BakerHostetler

SAMHSA Proposes Updates to Substance Abuse Records Security and Confidentiality Regulations

BakerHostetler on

The U.S. Department of Health and Human Services’ (HHS) Substance Abuse and Mental Health Services Administration (SAMHSA) has released proposed changes to the Confidentiality of Alcohol and Drug Abuse Patient Records...more

Foley & Lardner LLP

SAMHSA Proposes Major Changes to Federal Substance Abuse Privacy Rule

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On February 9, 2016, almost thirty years after the last substantive change to the federal regulations governing the confidentiality of alcohol and drug abuse patient records, the Substance Abuse and Mental Health Services...more

Mintz - Health Care Viewpoints

SAMHSA to Hold Part 2 “Listening Session”

The Substance Abuse and Mental Health Services Administration (“SAMHSA”) has scheduled a “public listening session” on Wednesday, June 11, 2014, to seek input on potential changes to the federal Confidentiality of Alcohol and...more

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