Adapting to the Evolving Marijuana Legislation
AGG Talks: Healthcare Insights Podcast - Episode 2: Substance Use Disorder Litigation
DE Talk | Uncovering the Non-Traditional Workforce: Recruiting & Retaining Talent in Addiction Recovery
Taking the Pulse, A Health Care and Life Sciences Podcast | Episode 105: Sara Goldsby, Director, DAODAS
Author Brian Cuban Talks About “The Addicted Lawyer” and the Addiction Crisis Among Lawyers: On Record PR
Can an employer require drug testing in the workplace?
Unless your medical practice “creates or maintains” substance use disorder (SUD) records covered by federal law (42 CFR Part 2), you can ignore the barrage of panic-inducing emails you have been receiving informing you that...more
The revised federal rules for substance use disorder (“SUD”) records will be enforced effective February 16, 2026. (42 CFR part 2, hereafter “Part 2”). Failure to comply with the new Part 2 rules may subject healthcare...more
As we move closer to the February 16 deadline, this is a reminder for HIPAA covered entities to confirm they are on track to update their Notice of Privacy Practices (“NPP”) to comply with the finalized federal requirements...more
Under recent federal rulemaking, Part 2 Programs and HIPAA covered entities that process Part 2 Substance Use Disorder (SUD) records must update their Notice of Privacy Practices (NPP) by February 16, 2026. Which Providers...more
Certain rules governing the contents of a HIPAA Notice of Privacy Practices (“HIPAA Notice”) have been updated and require that the HIPAA Notice be revised no later than February 16, 2026....more
Feb. 16, 2026, is the deadline for updating and distributing HIPAA Notices of Privacy Practices (“NPP”) that address the confidentiality of information about substance use disorder (“SUD”) treatment received at federally...more
HIPAA compliance requirements continue to evolve, and recent court decisions have understandably drawn significant attention. Last summer, we examined these developments in our Workplace Privacy Report article, analyzing...more
Healthcare organizations that create, receive, or maintain substance use disorder (SUD) records, which are referred to as Part 2 programs and subject to strict confidentiality regulations, are required to update their...more
Many people see the start of a new year as a time to refresh and renew themselves. For covered entities under HIPAA, which include group health plans, it’s also time to refresh and renew your HIPAA Notice of Privacy Practices...more
As we have discussed in previous blogs, there have been a number of recent changes to the HIPAA privacy rule requiring action from plan sponsors. As you will likely recall, in December of 2024, all health plans covered by...more
According to the U.S. Bureau of Labor Statistics, unintentional drug overdoses led to 525 occupational deaths in 2022. In New York, opioid overdose deaths have increased more than 360 percent—from 1,074 deaths in 2010 to...more
The recent federal policy shift, marked by Executive Order 14370: Increasing Medical Marijuana and Cannabidiol Research, reflects not only a legal development but also a broader cultural transformation....more
The Department of Health and Human Services (HHS) previously finalized sweeping changes to 42 CFR Part 2 (Part 2), the federal rules protecting the confidentiality of substance use disorder (SUD) records....more
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2026. The rates are the same as 2025, except that the FRA Mechanical annual random alcohol testing rate has...more
Health care providers and health plans (Covered Entities) required to maintain HIPAA Notice of Privacy Practices (NPPs) must update their NPPs by Feb. 16, 2026, to address the handling of substance use disorder (SUD) records....more
The legal landscape for workplace drug testing is likely to see some significant changes in 2026. This article summarizes the shifts in federal and state policy, continuing and emerging challenges for employers, and what...more
In 2024, the U.S. Department of Health and Human Services (HHS) issued final rules requiring sweeping updates to the privacy protections for substance use disorder (SUD) records created by an SUD program under 42 CFR Part 2...more
In this episode of OK at Work, Sarah Sawyer and Russell Berger from Offit Kurman discuss the recent federal reclassification of marijuana and what it means for employers. They explore how these changes impact business...more
At times I think I have heard every possible excuse from employees trying to avoid disciplinary action, but one situation last week posed claims I have not encountered. An employer smelled marijuana and discovered that an...more
To comply with HIPAA Privacy Regulations, by February 16, 2026, all HIPAA covered entities are required to update their Notice of Privacy Practices (“NPP”) to address the use and disclosure of substance use disorder (“SUD”)...more
When colleges are working with students or employees who are facing substance use concerns, one of the most common questions Behavioral Intervention Teams (BITs) encounter is: Can we objectively assess substance use? The...more
Under recent amendments, regulated entities that violate 42 CFR Part 2 – the federal law protecting the confidentiality of patients’ substance use disorder (SUD) information – now face expanded civil and criminal penalties,...more
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), and section 301 of title...more
The Department of Transportation proposed adding fentanyl and norfentanyl (a metabolite of fentanyl) to the DOT drug testing panel and making certain other technical amendments to its drug testing program. According to a...more
Healthcare organizations that provide substance use disorder (SUD) services should ensure they are complying with new patient consent requirements before the compliance deadline hits for the recent amendments to 42 CFR Part...more