News & Analysis as of

Department of Health and Human Services (HHS) Health Insurance Portability and Accountability Act (HIPAA) Substance Abuse

Fenwick & West LLP

Federal Court Halts HIPAA Reproductive Health Amendments - Substance Use Disorder Rule (Part 2) Stands

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On June 18, 2025, the U.S. District Court for the Northern District of Texas issued a nationwide preliminary injunction in Purl v. HHS halting enforcement of the U.S. Department of Health and Human Services’ (HHS) April 2024...more

Dorsey & Whitney LLP

HIPAA’s 2024 Reproductive Health Rule is Vacated Nationwide - One Year After Going Into Effect

Dorsey & Whitney LLP on

On June 18, 2025, a Texas court issued a ruling that vacated, on a nationwide basis, the HIPAA Privacy Rule to Support Reproductive Health Care Privacy (the “Reproductive Health Rule”), just one year after the rule went into...more

Snell & Wilmer

2024 End-of-Year Plan Sponsor “To Do” List (Part 1) Health and Welfare

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We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. This Part 1 covers year-end health and welfare plan issues. Parts 2,...more

Dentons

Ep. 34 – Implementing Changes to Part 2 Regulations Governing Substance Use Disorder Records

Dentons on

On March 27, 2020, Congress enacted the Coronavirus Aid, Relief & Economic Security Act (CARES Act) which included provisions requiring the U.S. Department of Health & Human Services (“HHS”) to better align the federal...more

Dickinson Wright

2024 Revisions to Part 2: Key Changes, Impact, and Compliance Tips

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Previously published in Healthcare News and Healthcare Michigan. On February 8, 2024, the Department of Health and Human Services (HHS) finalized revisions to 42 CFR Part 2. Read on to learn more about Part 2, the changes,...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

Dinsmore & Shohl LLP

Department of Health and Human Services Aligns Substance Use Disorder Privacy Rules with HIPAA Standards

Dinsmore & Shohl LLP on

Recently, modifications announced by the Department of Health and Human Services (“HHS”) to 42 C.F.R. Part 2 (“Part 2”) rules governing Confidentiality of Substance Use Disorder (“SUD”) Patient Records went into effect. This...more

Husch Blackwell LLP

Confidentiality of Substance Use Disorder Records: HHS Finalizes Changes to Part 2 Rule

Husch Blackwell LLP on

On February 8, 2024, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) finalized long-awaited modifications to the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at...more

McCarter & English, LLP

Federal Efforts to Address Opioid Use Disorder

On April 4, 2024, a final rule published on February 2, 2024 (the Final Rule) went into effect that concerns medication for the treatment of opioid use disorder. The Final Rule, published by the Substance Abuse and Mental...more

Kilpatrick

HHS Aligns Part 2 Rules with the HIPAA Privacy Rules – Effects on Self-Insured Plan Sponsors

Kilpatrick on

In a December 2023 blog post, we discussed the HHS proposed revisions to the Part 2 regulations and that finalization of those regulations was imminent.  On February 8, 2024, HHS through the Substance Abuse and Mental Health...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

McDermott Will & Schulte

Healthcare Regulatory Check-up Newsletter | February 2024 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for February 2024. We discuss various regulatory developments, including guidance on the use of AI in coverage decisions and texting...more

Sheppard Mullin Richter & Hampton LLP

HHS Announces 42 Part 2 Final Rule to Align with HIPAA

The U.S. Department of Health and Human Services (HHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) recently released the long anticipated Final Rule to revise the Confidentiality of Substance...more

Stevens & Lee

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

Stevens & Lee on

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

Schwabe, Williamson & Wyatt PC

New Rules Aim to Treat Substance Abuse Records Like Other HIPAA-Protected Health ‎Information

The rules will take effect on April 16. For years, health systems and health care providers have struggled to make sense of the rules that govern the use and disclosure of substance use disorder (SUD) treatment records. In...more

Goodwin

SAMHSA Final Rule Codifies Opioid Treatment Program Telehealth and Take-Home Medication Flexibilities

Goodwin on

On February 2, 2024, the Department of Health and Human Services (HHS) issued a Final Rule that expands access to medications for the treatment of opioid use disorder (OUD) via telehealth modalities and “take-home” doses....more

Quarles & Brady LLP

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

Quarles & Brady LLP on

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

Troutman Pepper Locke

Final Rule Aligns 42 CFR Part 2 with HIPAA and HITECH

Troutman Pepper Locke on

On February 8, 2024, the Department of Health and Human Services (HHS) posted a final rule that aims to align 42 CFR Part 2 (Part 2) — which protects certain substance abuse disorder (SUD) records — with the Health Insurance...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

Hogan Lovells

HHS finalizes Part 2 substance use disorder rules enhancing privacy protections and care integration

Hogan Lovells on

The U.S. Department of Health and Human Services (HHS) has finalized amendments to more closely align the Part 2 substance use disorder (SUD) regulations with HIPAA. These changes have the potential to streamline compliance...more

Alston & Bird

HHS Final Rule Brings Sweeping, Complex Changes for Substance Use Records

Alston & Bird on

A new HHS Final Rule overhauls the federal Part 2 regulations on the confidentiality of substance use disorder (SUD) records. Our Heath Care Health Care and Privacy, Cyber & Data Strategy Groups unpack how the changes will...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

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

McDermott+

SAMHSA Issues Final Reg Aligning 42 CFR Part 2 With HIPAA

McDermott+ on

Last week, the Substance Abuse and Mental Health Services Administration (SAMHSA) within the US Department of Health and Human Services (HHS) issued a long-awaited final reg that aims to better align 42 CFR Part 2. This...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

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