SAMHSA Issues Final 42 CFR Part 2 Rule

The Department of Health and Human Services (HHS) through the Substance Abuse and Mental Health Services Administration (SAMHSA) finalized proposed changes to the the Confidentiality of Alcohol and Drug Abuse Patient Records (now the Confidentiality of Substance Use Disorder Patient Records) regulation, 42 CFR Part 2 (Part 2), on January 18, 2017. The updated Part 2 regulation, published in the Federal Register on January 24, 2017 (with an original effective date of February 17, 2017, later delayed to March 21, 2017) allows patients to provide a general disclosure for release of substance use disorder patient health information, among other changes. To read the Final Rule in the Federal Register, click here.
At the same time it finalized the changes to the Part 2 regulations, SAMHSA released a Supplemental Notice of Proposed Rulemaking (SNPRM). The SNPRM sought feedback from stakeholders on further proposed changes to the newly updated and finalized Part 2 regulations, particularly on clarifications on how third-party information holders could use and disclose lawfully obtained substance use disorder patient information. To read the SNPRM in the Federal Register, click here.