42 CFR Part 2 (commonly referred to as "Part 2") are the federal regulations governing the confidentiality of drug and alcohol abuse treatment and prevention records. The regulations set forth requirements applicable to certain federally assisted substance abuse treatment programs limiting the use and disclosure of substance abuse patient records and identifying information. There has been interest in updating the Part 2 regulations to reflect the changing health care environment, particularly with the proliferation of electronic health records (EHRs), health information exchanges (HIEs), and accountable care organizations (ACOs). The Substance Abuse and Mental Health Services Administration (SAMHSA) has taken steps to solicit public input to revise Part 2 by holding a public listensing session on June 11, 2014. Health Information & the Law has put together a package of information on Part 2, the SAMHSA Listening Session, and a sneak peak of our new interview series with an exclusive interview with Eric Goplerud, Senior Vice President and Director of Substance Abuse, Mental Health, and Criminal Justice Studies, NORC at the University of Chicago. Please click on any of the links below to learn more about the Part 2 regulations.
- A Brief Overview of the Part 2 Regulations
- A Complete Summary of 42 CFR 2 Part 2 (“Part 2”): Confidentiality of Alcohol and Drug Abuse Patient Records
- Fast Facts: Consent Requirements for Disclosure of Substance Abuse Records
- Myth Buster: Providers may never disclose patient information that includes substance abuse information without the patient’s consent.
- Comparative maps are available detailing all 50 states' laws related to disclosure of substance abuse patient records without consent (here), written consent requirements (here), and disclosure of records pursuant to a court order (here) as compared with Part 2 requirements.
- Brief: Summary of the Substance Abuse and Mental Health Services Administration's Listening Session on Updates to 42 C.F.R. Part 2.
- Fast Facts: Substance Abuse and Mental Health Services Administration Listening Session
- Myth Buster: 42 C.F.R. Part 2 applies to records of all substance abuse treatment facilities
- Perspectives from the Field Interview with Eric Goplerud, an expert on Substance Abuse and Mental Health
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