News & Analysis as of

Confidential Information SAMHSA Health Insurance Portability and Accountability Act (HIPAA)

Dickinson Wright

2024 Revisions to Part 2: Key Changes, Impact, and Compliance Tips

Dickinson Wright on

Previously published in Healthcare News and Healthcare Michigan. On February 8, 2024, the Department of Health and Human Services (HHS) finalized revisions to 42 CFR Part 2. Read on to learn more about Part 2, the changes,...more

McDermott Will & Emery

HHS’s CARES Act Final Rule Better Aligns Part 2 Substance Use Disorder Patient Records Confidentiality Regulations with HIPAA

McDermott Will & Emery on

On February 8, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) jointly issued a final rule to amend the...more

Stevens & Lee

Update to Federal Substance Use Disorder Treatment Records Privacy Regulations – Part 2

Stevens & Lee on

On February 16, 2024, the U.S. Department of Health and Human Services, through its Office for Civil Rights and its Substance Abuse and Mental Health Services Administration (“SAMHSA”), published the long-awaited Final Rule...more

Quarles & Brady LLP

Substance Abuse Disorder Records (42 CFR Part 2) Final Rule Is Here!

Quarles & Brady LLP on

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises...more

Holland & Knight LLP

Substance Use Disorder Confidentiality Regulations Modified to Align with HIPAA

Holland & Knight LLP on

After more than a year since the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) issued the proposed changes to the...more

Orrick, Herrington & Sutcliffe LLP

Confidentiality of Substance Use Disorder Patient Records: What to Know About Updates to Part 2

The U.S. Department of Health & Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office for Civil Rights (OCR), has announced a final rule (the Rule) updating the...more

Williams Mullen

42 CFR Part 2 Final Rule Harmonizes Substance Use Disorder Confidentiality Protections with HIPAA

Williams Mullen on

On February 8, 2024, the federal Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at 42 CFR Part 2 (Part 2) were revised in part to increase patient protection and streamline patient consent...more

Hogan Lovells

HHS proposes significant changes to Part 2 substance use disorder records regulations

Hogan Lovells on

The U.S. Department of Health and Human Services (HHS) has proposed to significantly revise rules governing patient records in substance use disorder (SUD) programs, commonly known as the Part 2 rules, with important...more

Bond Schoeneck & King PLLC

SAMHSA Again Revises its Rules on the Confidentiality of Substance Use Disorder Treatment Records

On July 15, 2020, the Substance Abuse and Mental Health Services Administration (SAMHSA) published a final rule that, for the third time in as many years, significantly amended its regulations on the confidentiality of...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 8. Privacy Briefs: August 2020

Report on Patient Privacy 20, no. 8 (August 2020)  -  HHS changed its tone on care coordination and case management in the final Confidentiality of Substance Use Disorder Patient Records regulation (42 C.F.R. § 2), known...more

Bradley Arant Boult Cummings LLP

SAMHSA Finalizes Revisions to Part 2 Regulations Governing Confidentiality of Substance Use Disorder Records

On July 15, 2020, the Substance Abuse and Mental Health Services Administration (SAMHSA), a branch of the U.S. Department of Health and Human Services (HHS), published its much-anticipated final rule to revise 42 C.F.R. Part...more

Rivkin Radler LLP

SAMHSA Updates Part 2 Rules

Rivkin Radler LLP on

On July 13, the Substance Abuse and Mental Health Services Administration (SAMHSA) announced the adoption of revised Confidentiality of Substance Use Disorder Patient Records regulations in an effort to improve care...more

Jones Day

February 2, 2020 is Here: Are Your Agreements Compliant With the Part 2 Rule?

Jones Day on

The Situation: The two-year grace period for updating agreements of "lawful holders" (i.e., recipients named on patient consent forms obtained pursuant to the Part 2 Rule) with contractors, subcontractors, and legal...more

Seyfarth Shaw LLP

Deadline is Approaching for Group Health Plan Service Agreement Updates

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recent changes to the federal rules governing confidentiality of substance use disorder (SUD) patient records may require updates to agreements between group health plans and their third-party vendors....more

Locke Lord LLP

Proposed Changes to Regulations Governing the Confidentiality of Substance Abuse Disorder Treatment Records Reflects Concerns...

Locke Lord LLP on

The U.S. Department of Health and Human Services has released proposed amendments to the regulations governing the Confidentiality of Substance Abuse Disorder Treatment Records. The amendments are intended to improve...more

K&L Gates LLP

K&L Gates Triage: The Opioid Epidemic & the Confidentiality of Substance Use Disorder Records: an Update on 42 CFR Part 2 - Part 1...

K&L Gates LLP on

This episode is the first in a series focusing on recent efforts by the Substance Abuse and Mental Health Services Administration (SAMHSA) to update 42 C.F.R. Part 2 (Part 2) regulations related to the confidentiality of...more

Ruder Ware

Proposed Revisions to the SAMHSA Regulations Would Permit Non-Part 2 Providers to Reference Part 2 Treatment in Patient Records

Ruder Ware on

Our representation of behavioral health and substance abuse programs has required us to stay in tune to issues involving special confidentiality of patient records under 42 CFR Part 2, also known as the SAMHSA regulations The...more

K&L Gates LLP

K&L Gates Triage: Opioid Epidemic: Recent HIPAA Guidance – What Does It Mean?

K&L Gates LLP on

In the second episode of our series on the national opioid crisis, Gina Bertolini discusses the overlay of recent guidance concerning privacy laws such as the Health Insurance Portability and Accountability Act (HIPAA) and...more

BakerHostetler

SAMHSA Updates Privacy Regulations to Reflect Advancements in Healthcare

BakerHostetler on

On Jan. 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued its final rule regarding the Confidentiality of Substance Use Disorder Patient Records Part 2. These changes become effective Feb....more

Nelson Mullins Riley & Scarborough LLP

SAMHSA Final Rule Expands Permitted Disclosures of Substance Use Disorder Information to Subcontractors

The Substance Abuse and Mental Health Services Administration (SAMHSA) has issued a final rule (Rule) updating the Confidentiality of Substance Use Disorder Records, 42 CFR part 2 (Part 2), to expand the circumstances under...more

Foley & Lardner LLP

SAMHSA Finalizes Second Round of Changes to Federal Substance Use Disorder Privacy Rule

Foley & Lardner LLP on

New federal regulations published on January 3, 2018, clarify when lawful holders of substance-use disorder records may use and disclose patient identifying information for payment, health care operations, and audits and...more

Epstein Becker & Green

SAMHSA Finalizes Additional Changes to the Confidentiality of Substance Use Disorder Patient Records Regulations

Epstein Becker & Green on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) published a final rule (“Final Rule”) to further update the Confidentiality of Substance Use Disorder Patient Records regulations...more

Troutman Pepper

Final Rule Clarifies When Substance Abuse Programs Can Disclose Patient Information

Troutman Pepper on

A final rule from the Substance Abuse and Mental Health Services Administration establishes requirements for the exchange of patient information between substance abuse treatment programs and their agents and contractors. ...more

Foley & Lardner LLP

Eight Things to Know About the New Federal Substance Use Disorder Privacy Rule

Foley & Lardner LLP on

A final rule published on January 18 implements the first major revisions to the federal regulations governing the confidentiality of substance-use disorder patient records (Part 2) since 1987. It finalizes a proposal from...more

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