News & Analysis as of

Patient Privacy Rights SAMHSA Final Rules

BakerHostetler

The Long-Awaited Part 2 Modifications Are Finalized with New Obligations for Part 2 Providers and Less Friction for Sharing...

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On February 8, 2024, the U.S. Department of Health & Human Services (HHS) released a final rule modifying 42 CFR Part 2 (Part 2) provisions regarding the confidentiality of Substance Use Disorder (SUD) Patient Records. The...more

Quarles & Brady LLP

Substance Abuse Disorder Records (42 CFR Part 2) Final Rule Is Here!

Quarles & Brady LLP on

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises...more

Holland & Knight LLP

Substance Use Disorder Confidentiality Regulations Modified to Align with HIPAA

Holland & Knight LLP on

After more than a year since the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) issued the proposed changes to the...more

Williams Mullen

42 CFR Part 2 Final Rule Harmonizes Substance Use Disorder Confidentiality Protections with HIPAA

Williams Mullen on

On February 8, 2024, the federal Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at 42 CFR Part 2 (Part 2) were revised in part to increase patient protection and streamline patient consent...more

Bradley Arant Boult Cummings LLP

SAMHSA Finalizes Revisions to Part 2 Regulations Governing Confidentiality of Substance Use Disorder Records

On July 15, 2020, the Substance Abuse and Mental Health Services Administration (SAMHSA), a branch of the U.S. Department of Health and Human Services (HHS), published its much-anticipated final rule to revise 42 C.F.R. Part...more

Jones Day

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

Jones Day on

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

Bricker Graydon LLP

Rules on confidentiality of substance use disorder patient records recently changed

Bricker Graydon LLP on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a Final Rule which results in changes to the federal regulations governing substance use disorder patient records, or so-called...more

BakerHostetler

SAMHSA Updates Privacy Regulations to Reflect Advancements in Healthcare

BakerHostetler on

On Jan. 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued its final rule regarding the Confidentiality of Substance Use Disorder Patient Records Part 2. These changes become effective Feb....more

Stoel Rives LLP

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

Stoel Rives LLP on

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

Baker Donelson

New SAMHSA Rule: Permissible Part 2 Substance Abuse Disclosures to Subcontractors

Baker Donelson on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a final rule to revise 42 CFR Part 2, the federal regulations governing confidentiality of certain substance abuse patients'...more

Epstein Becker & Green

SAMHSA Finalizes Additional Changes to the Confidentiality of Substance Use Disorder Patient Records Regulations

Epstein Becker & Green on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) published a final rule (“Final Rule”) to further update the Confidentiality of Substance Use Disorder Patient Records regulations...more

Troutman Pepper

Final Rule Clarifies When Substance Abuse Programs Can Disclose Patient Information

Troutman Pepper on

A final rule from the Substance Abuse and Mental Health Services Administration establishes requirements for the exchange of patient information between substance abuse treatment programs and their agents and contractors. ...more

Bricker Graydon LLP

Further modernizations to rules on confidentiality of substance use disorder patient records on the way

Bricker Graydon LLP on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a Final Rule which results in changes to the federal regulations governing substance use disorder patient records, or so-called...more

Holland & Knight LLP

New Substance Use Disorder Confidentiality Final Rules

Holland & Knight LLP on

The federal Substance Abuse and Mental Health Services Administration (SAHMSA) published a Final Rule on January 3, 2018 making further changes to federal rules governing the confidentiality of substance use disorder patient...more

Ward and Smith, P.A.

Substance Use Disorder Treatment Providers: Time for a Compliance Check

Ward and Smith, P.A. on

On January 18, the Substance Abuse and Mental Health Services Administration ("SAMHSA"), an agency of the United States Department of Health and Human Services, issued a Final Rule amending the Confidentiality of Alcohol and...more

Robinson+Cole Data Privacy + Security Insider

New HHS Secretary Delays Effective Date of Part 2 Final Rule

We previously reported that the 30 year old regulations (last updated in 1987) relating to the disclosure of substance abuse treatment information has been updated by SAMHSA to bring it into the modern world of electronic...more

Baker Donelson

SAMHSA Continues to Update Rules Related to Substance Abuse Records

Baker Donelson on

On January 13, 2017, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued the Final Rule to revise 42 C.F.R. Part 2 (Part 2 Regulations) – the federal regulations that govern the confidentiality of...more

Foley & Lardner LLP

Eight Things to Know About the New Federal Substance Use Disorder Privacy Rule

Foley & Lardner LLP on

A final rule published on January 18 implements the first major revisions to the federal regulations governing the confidentiality of substance-use disorder patient records (Part 2) since 1987. It finalizes a proposal from...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

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