News & Analysis as of

CARES Act HIPAA Privacy Rule

Jackson Lewis P.C.

How a Texas Federal District Court Changed the HIPAA Reproductive Health Privacy Rule, But SCOTUS Decision May Say Not So Fast

Jackson Lewis P.C. on

Explained in more detail below, under the recent vacatur of most of the HIPAA Privacy Rule to Support Reproductive Health Care Privacy (the “Reproductive Health Rule”): • The broad prohibitions on disclosing protected...more

Hendershot Cowart P.C.

Stricter Than HIPAA: Is Your Substance Abuse Or Mental Health Program In Compliance With 42 CFR Part 2? - UPDATED May 2024

Hendershot Cowart P.C. on

To protect patients seeking addiction treatment, the federal government passed strict regulations limiting the disclosure of substance abuse patient records. Substance abuse treatment programs must not only comply with the...more

Stoel Rives - Health Law Insider®

New Proposed Part 2 Rules Aim for Greater HIPAA Alignment

Long before enactment of HIPAA, substance use disorder (“SUD”) treatment records have enjoyed confidentiality protections under 42 C.F.R. Part 2 (“Part 2”). Since HIPAA/HITECH and related regulations went into effect, SUD...more

McDermott Will & Emery

Major Changes Proposed to Substance Use Disorder Confidentiality Law

McDermott Will & Emery on

In a Notice of Proposed Rulemaking published December 2, 2022 (the Proposed Rule), the United States Department of Health and Human Services (HHS) proposed long-awaited changes to the regulations protecting the...more

Dentons

Privacy Rules for Part 2 Programs Inch Closer to HIPAA

Dentons on

On November 28, 2022, Health and Human Services/Office for Civil Rights (HHS/OCR) and the Substance Abuse and Mental Health Services Administration (SAMHSA) introduced proposed changes to confidentiality rules relating to 42...more

Brownstein Hyatt Farber Schreck

Part 2 Redo: HHS Issues Rulemaking on SUD Privacy Laws

For years, federal privacy laws relating to substance abuse disorder (SUD) treatment records have differed in significant ways from federal privacy laws relating to other medical records. Changes, however, are afoot. Almost...more

Foley & Lardner LLP

HHS Proposes to Align Federal Substance Use Disorder Law with HIPAA

Foley & Lardner LLP on

Proposed changes to the federal substance use disorder law will increase provider efficiency and alignment with the Health Insurance Portability and Accountability Act (HIPAA). In a move that seeks to decrease administrative...more

Jones Day

Vital Signs: Digital Health Law Update | Spring 2021

Jones Day on

The pace of impact through digital health in 2021 is off to a rapid start—be it the number of transactions, the numerous legislative proposals and actions, or the focused attention of enforcement bodies. Given the accelerated...more

Jones Day

Vital Signs Digital Health Law Update | Winter 2021

Jones Day on

Note from the Editors - Digital technologies have transformed almost every aspect of the health care and life sciences industry—from electronic health records and telemedicine, to diagnostics and therapeutics augmented by...more

Husch Blackwell LLP

CARES Act Changes To Federal Substance Use Privacy Law

Husch Blackwell LLP on

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief and Economic Security Act (the CARES Act) into law. Section 3221 of the CARES Act ratified fundamental changes to the Public Health Service Act, codified...more

Baker Donelson

Coronavirus: CARES Act Takes Significant Step Toward Modernizing Part 2

Baker Donelson on

Congress significantly eased restrictions on disclosing information that identifies substance use disorder (SUD) patients, while simultaneously strengthening protection for SUD patients from discrimination and liability based...more

BakerHostetler

CARES Act Significantly Revises Part 2 Rules to Better Align with HIPAA

BakerHostetler on

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law. While the focus of the CARES Act has been on direct financial aid to Americans, the Act also...more

Jackson Walker

Employee Benefits-Related Provisions in the “CARES Act”

Jackson Walker on

On Friday, March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) passed the Senate and House and was signed into law. In addition to spending $2 trillion to support individuals and...more

Dickinson Wright

SUD Program Privacy Rules Modified by CARES ACT

Dickinson Wright on

In this country, people who need Substance Use Disorder (SUD) treatment often choose not to pursue professional treatment, not because of the cost, but because there is a societal negative stigma attached to the disease. In...more

Nelson Mullins Riley & Scarborough LLP

CARES Act – Group Health Plans and a Little Déjà vu to 2011

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act), enacted on March 27, 2020, affects employer group health plans with - some extensions to provisions in the Families First Coronavirus Response Act...more

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