Supplemental Regulations Updating 42 CFR Part 2 Finalized

On January 18, 2017, the Substance Abuse and Mental Health Services Administration (SAMHSA), an agency within the Department of Health and Human Services, issued a Final Rule, available here, updating the Confidentiality of Alcohol and Drug Abuse Patient Records (now Confidentiality of Substance Use Disorder Patient Records) Regulations. At the same time, SAMHSA issued a Supplemental Notice of Proposed Rulemaking (SNPRM), available here, which sought public input on proposed clarifications to how third parties lawfully in posession of substance use disorder patient information may use and disclose that information. Changes proposed in the SNPRM were modified and finalized in a Final Rule published on January 3, 2018. These regulations go into effect on February 2, 2018 and are available in the Federal Register here.