CHA News

Changes Finalized to Substance Use Disorder Record Sharing Rules

What’s happening: The U.S. Department of Health and Human Services (HHS) issued long-awaited regulations implementing changes to requirements for sharing substance use disorder (SUD) patient data.  

What else to know: The CHA-supported regulations are intended to better align SUD record-sharing rules with Health Insurance Portability and Accountability Act (HIPAA) requirements.  

HHS has finalized modifications to the Confidentiality of Substance Use Disorder Patient Records regulations at 42 CFR Part 2, as required by the Coronavirus Aid, Relief, and Economic Security Act. The final rule is intended to better align the Part 2 requirement with HIPAA’s privacy, breach notification, and enforcement rules. 

The rule includes the following modifications: 

  • Permits use and disclosure of Part 2 records based on a single patient consent given once for all future uses and disclosures for treatment, payment, and health care operations 
  • Permits redisclosure of Part 2 records by HIPAA-covered entities and business associates in accordance with the HIPAA Privacy Rule, with certain exceptions 
  • Provides new rights for patients under Part 2 to obtain an accounting of disclosures and to request restrictions on certain disclosures, as also granted by the HIPAA Privacy Rule 
  • Expands prohibitions on the use and disclosure of Part 2 records in civil, criminal, administrative, and legislative proceedings 
  • Provides HHS enforcement authority, including the potential imposition of civil money penalties for violations of Part 2 
  • Outlines new breach notification requirements applying to Part 2 records 

 A detailed fact sheet is available on HHS’ website.