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Medical Records Substance Abuse Confidential Information

Dentons

Ep. 35 – What You Need to Know About Part 2 Regulations – Even if You’re Not a Part 2 Provider

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Earlier this year, the US Department of Health & Human Services (“HHS”) released updated regulations governing the use and disclosure of substance use disorder records, referred to as “Part 2.”  The Part 2 rules protect...more

Quarles & Brady LLP

New Rules Relating to Confidentiality of Substance Use Disorder Patient Records

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On April 16, 2024, the U.S. Department of Health and Human Services (HHS) finalized a rule modifying the Confidentiality of Substance Use Disorder (SUD) Patient Records (the Final Rule) codified at 42 C.F.R. Part 2 (Part 2)....more

Stevens & Lee

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

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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

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

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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

Fox Rothschild LLP

Confidentiality of Substance Use Disorder Records Now More Closely Aligned With HIPAA

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Today the U.S. Department of Health & Human Services (HHS) finalized rules published in December of 2022 changing the requirements for handling SUD patient information governed by 45 CFR part 2 (Part 2)....more

K&L Gates LLP

Confidentiality of Substance Use Disorder Records: Long-awaited NPRM Proposes Aligning Part 2 with HIPAA

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BACKGROUND - As we noted in prior health care alerts in 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) significantly overhauled the federal law that governs the confidentiality of substance use...more

Hogan Lovells

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

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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

Shumaker, Loop & Kendrick, LLP

Client Alert: New SAMHSA Requirements May Necessitate Changes to Business Associate Agreements

42 C.F.R. Part Two (“Part 2”) addresses the protection of substance use disorder (SUD) patient records, which are records held by SUD treatment programs that receive federal financial assistance (e.g., from Medicare or...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

Bricker Graydon LLP

SAMHSA announces changes to substance abuse treatment records in 42 CFR Part 2

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On July 13, 2020, the Substance Abuse and Mental Health Services Administration (SAMHSA) announced changes to the Confidentiality of Substance Use Disorder Patient Records regulation, 42 CFR Part 2, effective August 14, 2020....more

Rivkin Radler LLP

CARES Act Changes Privacy Rules for Substance Use Disorder Records

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The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, made some substantial changes to the confidentiality rules for substance abuse and mental health records to bring them in line...more

Jones Day

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

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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

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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...

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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: Modernizing Confidentiality Rules for Substance Use Disorder Records (Again): 2019 Proposed Changes to 42 CFR...

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This week’s episode is the second in an ongoing 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...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...

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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

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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

McDermott Will & Emery

SAMHSA Proposed Rule Would Reduce Barriers to Care Coordination

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SAMHSA has released a long-awaited proposed rule that would modify the federal regulations at 42 CFR Part 2 (Part 2) governing the confidentiality of substance use disorder (SUD) patient records created by federally assisted...more

Proskauer Rose LLP

HHS and SAMHSA Issue a Proposed Rule to Ease Coordination of Care for Patients with Substance Use Disorders

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On August 26, 2019, the U.S. Department of Health and Human Services ("HHS") and the Substance Abuse and Mental Health Services Administration ("SAMHSA") issued a proposed rule amending the regulations governing the...more

Mintz - Health Care Viewpoints

Part 2 Proposed Rule Brings Clarity and Reduces Regulatory Burdens for Substance Use Disorder Providers, but Challenges Remain

On August 22, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) announced a new proposed rule (the “Proposed Rule”) amending 42 CFR part 2 (“Part 2”), which is aimed at protecting patient records...more

Bass, Berry & Sims PLC

Proposed Changes Affect Privacy Protections of Patients Seeking Substance Use Disorder Treatment

On August 22, 2019, providers and other health industry participants involved in the provision of substance use disorder (SUD) services got some welcome news in the form of proposed regulatory changes. The U.S. Department of...more

Bradley Arant Boult Cummings LLP

HHS Proposes Revisions to Part 2 Regulations Governing Confidentiality of Substance Use Disorder Records - Healthcare Alert

On August 26, 2019, the Substance Abuse and Mental Health Services Administration, part of the U.S. Department of Health and Human Services (HHS), published its much-anticipated notice of proposed rulemaking to revise 42...more

Holland & Knight LLP

Proposed Changes to Federal Substance Use Disorder Privacy Rules Under 42 CFR Part 2

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The Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration (SAHMSA) released its long-awaited proposal to overhaul privacy restrictions for substance abuse treatment programs found...more

Mintz - Health Care Viewpoints

Another Chance for HIPAA and Part 2 Harmony?

There are reports that HHS plans to issue a proposed rule next month, which would again amend 42 CFR Part 2 (“Part 2”) and modify how the medical records of patients with substance abuse disorders are currently shared between...more

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