News & Analysis as of

SAMHSA Health Insurance Portability and Accountability Act (HIPAA) Substance Abuse

Ropes & Gray LLP

HHS OCR Empowered to Administer and Enforce Federal Substance Abuse Privacy Part 2 Regulations

Ropes & Gray LLP on

On August 25, 2025, the U.S. Department of Health and Human Services (“HHS”) delegated the administration and enforcement (the “Delegation”) of 42 C.F.R. Part 2 (“Part 2”), the federal rules governing the confidentiality and...more

Holland & Knight LLP

HHS Signals Enforcement Regarding Patients' Substance Use Disorder Treatment Records

Holland & Knight LLP on

The U.S. Department of Health and Human Services (HHS) on Aug. 27, 2025, published a Statement of Delegation of Authority (Statement) in the Federal Register. HHS Secretary Robert F. Kennedy Jr. delegated authority to the HHS...more

Dickinson Wright

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

Dickinson Wright on

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

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

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

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

Holland & Knight LLP

Substance Use Disorder Confidentiality Regulations Modified to Align with HIPAA

Holland & Knight LLP on

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

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?

Polsinelli on

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

Baker Donelson

Bridging the Gap: Key Changes in the Part 2 Final Rule

Baker Donelson on

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 recently issued a Final Rule amending the Confidentiality of...more

Hogan Lovells

HHS proposes significant changes to Part 2 substance use disorder records regulations

Hogan Lovells on

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

BakerHostetler on

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

Bond Schoeneck & King PLLC

SAMHSA Again Revises its Rules on the Confidentiality of Substance Use Disorder Treatment Records

On July 15, 2020, the Substance Abuse and Mental Health Services Administration (SAMHSA) published a final rule that, for the third time in as many years, significantly amended its regulations on the confidentiality of...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 8. Privacy Briefs: August 2020

Report on Patient Privacy 20, no. 8 (August 2020)  -  HHS changed its tone on care coordination and case management in the final Confidentiality of Substance Use Disorder Patient Records regulation (42 C.F.R. § 2), known...more

K&L Gates LLP

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

K&L Gates LLP on

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

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