HHS Finalizes Rule Changing Regulations
The Department of Health and Human Services (HHS) finalized a rule making changes to the regulations governing the Confidentiality of Substance Use Disorder (SUD) Patient Records under 42 CFR part 2 (Part 2). HHS aligned many Part 2 regulations with HIPAA in accordance with language from the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
Changes included allowing a single consent for all future uses and disclosures of Part 2 records for treatment, payment, and operations; HIPAA covered entities and their business associates may redisclose records following HIPAA regulations under this consent. The rule aligned Part 2 penalties and breach notification requirements with HIPAA, and restricted the use of Part 2 records in certain civil or criminal proceedings against patients without their consent or a court order.