News & Analysis as of

Substance Abuse CARES Act SAMHSA

Locke Lord LLP

HHS Strengthens Privacy Protections for Substance Use Disorder Treatments in Amendments to ‎Part 2 Regulations

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The U.S. Department of Health and Human Services (“HHS”) in coordination with the Substance Abuse and Mental Health Services Administration (“SAMHSA”) issued a Final Rule on February 16, 2024 (effective April 16, 2024) to...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

BakerHostetler

The Long-Awaited Part 2 Modifications Are Finalized with New Obligations for Part 2 Providers and Less Friction for Sharing...

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On February 8, 2024, the U.S. Department of Health & Human Services (HHS) released a final rule modifying 42 CFR Part 2 (Part 2) provisions regarding the confidentiality of Substance Use Disorder (SUD) Patient Records. The...more

Quarles & Brady LLP

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

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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

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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

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

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

Polsinelli

HHS Finalized Part 2 Revisions: What Has Changed?

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On February 8, 2024, the U.S. Department of Health and Human Services, through its Office for Civil Rights (OCR) and the Substance Abuse and Mental Health Services Administration (SAMHSA), released final rule (Final Rule)...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

BakerHostetler

HHS Proposes New Rule Aligning Part 2 Regulations with HIPAA

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On November 28, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the Substance Abuse Mental Health Services Administration (SAMHSA) announced a Notice of Proposed Rulemaking...more

Stevens & Lee

HHS Proposes Updates to “Part 2” Regulations on Substance Abuse Record Confidentiality

Stevens & Lee on

On Nov. 28, 2022, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) and the Office for Civil Rights (“OCR”), both agencies within the U.S. Department of Health and Human Services (“HHS”), provided...more

K&L Gates LLP

The Practitioner's Guide to SAMHSA's 2020 Final Part 2 Rules - More Changes on the Horizon

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As we previously reported, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) overhauled 42 U.S.C. §290dd–2, commonly referred to as “part 2.” Part 2 regulates the confidentiality of substance use disorder...more

Chambliss, Bahner & Stophel, P.C.

SAMHSA Issues Final Rule Updating Substance Use Disorder Privacy Regulations, But Further Updates Are on the Way

Earlier this month, the Substance Abuse and Mental Health Services Administration (SAMHSA) within the U.S. Department of Health and Human Services (HHS) issued a final rule implementing updates to 42 C.F.R Part 2 (Part 2),...more

Katten Muchin Rosenman LLP

SAMHSA Finalizes Interim Changes to Substance Use Disorder Confidentiality Rule Pending Implementation of Deeper CARES Act Reforms

Key Points - - The Substance Abuse and Mental Health Services Administration (SAMHSA) recently issued a final rule modifying strict confidentiality protections for patient records of federally assisted programs for the...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

Manatt, Phelps & Phillips, LLP

State Strategies to Support Access to SUD Treatment Services Through the COVID-19 Pandemic

Editor’s Note: Prior to the COVID-19 pandemic, many governors were looking for ways to strengthen substance use disorder (SUD) provider capacity as part of their comprehensive response to the opioid epidemic. With the...more

Foley & Lardner LLP

Patient Records: Part 2 Final Rule Reduces Substance Use Disorder Record Sharing Barriers

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On July 15, 2020, a final rule revising the federal regulations governing the Confidentiality of Substance Use Disorder Patient Records (also known as 42 C.F.R. Part 2 or Part 2) was published. The revised rule will implement...more

Manatt, Phelps & Phillips, LLP

The CARES Act Brings Key Changes to the SUD Confidentiality Statute

At the end of March, President Trump signed into law the third coronavirus stimulus legislation, a $2 trillion package known as the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). While the legislation focused...more

McGuireWoods LLP

CARES Act Amendments to Protection of Substance Abuse Disorder Records

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Although federal and state protections with respect to sensitive personal information remain largely unchanged during the COVID-19 crisis, there have been efforts to relax or amend specific rules to allow for urgent and...more

Foley & Lardner LLP

Covid-19: CARES Act Overhauls Federal Substance Use Disorder Privacy Law

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The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) passed by the Senate on March 25, 2020 would make fundamental changes to the federal law, 42 U.S.C. § 290dd-2, implemented at 42 C.F.R. Part 2 that governs...more

Baker Donelson

Third Coronavirus Stimulus Package Includes Considerable Funding for Health Care Providers and Other Health Care Provisions

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Both the U.S. Senate and House of Representatives have now passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, and the President is expected to sign the bill into law shortly. The CARES Act appropriates...more

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