Confidentiality of Substance Use Patient Records: Key Provisions of The Notice of Proposed Rulemaking Changes to The Part 2 Rule

Overview

Complying with the federally mandated privacy provisions for the use and disclosure of substance use disorder (SUD) records under 42 CFR Part 2, particularly when those records are also protected by HIPAA, is often time-consuming and burdensome for those subject to those federal laws. This fact sheet summarizes the key proposed provisions, identifies those which provide greater alignment with the HIPAA Rules, and calls out some areas on which HHS is specifically soliciting comments (due January 31, 2023). Of particular interest to the public health community, the fact sheet also presents the proposed changes to the data de-identification standard for disclosures of Part 2 data made to public health authorities.