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HHS Releases Changes to Confidentiality Rules 42 CFR Part 2 to HIPAA

Today the US Department of Health and Human Services (HHS) will publish the long-anticipated rule moving SUD patient confidentiality from 42 CFR Part 2 to requirements similar to HIPAA.

Previously patients had to consent each time their records were shared. Under the new rules providers will only need to get patient’s permission once to share substance use disorder treatment records. The medical profession pushed for the new rules believing that it would ensure better coordination with general health care providers.

NAATP successfully advocated to exclude records used during child custody matters and other non-medical legal issues.

In 2020 Congress passed the CARES Act mandating HHS to issue the new rule within a year. That deadline was missed. The new 260-page rule will go into effect 60 days after it's published however compliance will not be expected for another 22 months.

The new rule may be found here and NAATP will examine the implications for our treatment provider members.