News & Analysis as of

Department of Health and Human Services (HHS) Confidentiality Policies

McAfee & Taft

New 2024 rules require providers to update HIPAA privacy policies and notices

McAfee & Taft on

Earlier this year, federal agencies teamed up to issue two rules that will require healthcare providers to update certain policies related to the use and disclosure of health information and to update their Notice of Privacy...more

Husch Blackwell LLP

Confidentiality of Substance Use Disorder Records: HHS Finalizes Changes to Part 2 Rule

Husch Blackwell LLP on

On February 8, 2024, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) finalized long-awaited modifications to the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at...more

Davis Wright Tremaine LLP

Old Rule, New Tricks: HHS Finalizes Most Substantial Changes to Substance Use Disorder Confidentiality Rule in Decades

The long-anticipated final rule addressing substance use disorder (SUD) records at 42 C.F.R. Part 2, commonly referred to as Part 2, is here. The final rule is a joint undertaking by the U.S. Department of Health and Human...more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 31, Number 43. Proposed Part 2 Rule Brings It Closer to HIPAA, Including Enforcement,...

A proposed HHS regulation on the Confidentiality of Substance Use Disorder (SUD) Patient Records under 42 C.F.R. Part 2 would bring it further in line with HIPAA, which is somewhat of a double-edged sword, attorneys say....more

Sheppard Mullin Richter & Hampton LLP

HIPAA and COVID-19 Vaccination Status: The Office of Civil Rights Issues Workplace Guidance

“The guidance reminds the public that the HIPAA Privacy Rule does not apply to employers or employment records.” On September 30, 2021, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights...more

King & Spalding

HHS Revises Regulations Protecting the Confidentiality of Substance Use Disorder Patient Records

King & Spalding on

On July 15, 2020, HHS revised the Confidentiality of Alcohol and Drug Abuse Patient Records regulations, 42 C.F.R. Part 2, to further facilitate better coordination of care in response to the opioid epidemic while maintaining...more

Mintz - Health Care Viewpoints

HHS Further Amends 42 CFR Part 2, Easing Some, But Not All, Burdens on Substance Use Disorder Treatment Providers

The U.S. Department of Health and Human Services (HHS) recently released a final rule further amending 42 CFR Part 2 regulations (Part 2) to allow greater sharing of patient records related to substance use disorder (SUD)...more

McDermott Will & Emery

COVID-19 Relief Law Includes Major Changes to Substance Use Disorder Confidentiality Law

McDermott Will & Emery on

As part of the CARES Act signed into law on March 27, 2020, Congress included a provision directing the secretary of Health and Human Services (HHS) to modify long-standing regulatory restrictions under the federal substance...more

Robinson+Cole Health Law Diagnosis

Spurred by Opioid Crisis, Government Proposes Additional Changes to Substance Use Disorder Confidentiality Regulations to...

On August 26, 2019, the Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) published a notice of proposed rulemaking (NPRM) to “better align” its substance use disorder...more

Best Best & Krieger LLP

Final Rule Issued on Confidentiality of Substance Use Disorder Patient Records

President Donald Trump’s 60-day hold on rules that are published in the Federal Register, but are not yet effective, may impact the recently released update to the Confidentiality of Substance Use Disorder Patient Records...more

Bass, Berry & Sims PLC

HHS Modifies Drug and Alcohol Abuse Confidentiality Regulations, Proposes Additional Revisions

Bass, Berry & Sims PLC on

On January 18, 2017, the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) released a final rule (the Final Rule) modifying the federal regulations governing the...more

Baker Donelson

Federal Part 2 Alcohol and Drug Rehabilitation Programs Take Note: Proposed Rule Has Significant Gaps

Baker Donelson on

The U.S. Department of Health & Human Services (HHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) have issued a Proposed Rule to revise 42 C.F.R. Part 2 (Part 2 Regulations) – the federal...more

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