The CoE PHI has put together a series of brief animated videos to assist SUD treatment providers in various settings to determine whether their patients’ records are protected by the federal confidentiality regulations for SUD treatment records, 42 USC § 290dd-2 and 42 CFR Part 2 (Part 2). Part 2 protects the privacy of some SUD treatment information.
These animated videos outline a step-by-step process to determine when Part 2 applies to patients’ records in various types of practice settings.
In addition to these videos, the CoE-PHI has two additional foundational key resources that will help SUD providers determine whether their patients’ records are protected by Part 2.
- What does Part 2 protect?
Part 2 protects the privacy of certain SUD treatment records containing patient identifying information, such as a name, address, or other information that would identify someone as seeking or receiving SUD services from a Part 2 program.
- Who must follow Part 2?
Part 2 applies to certain SUD treatment programs known as “Part 2 programs.” To be a Part 2 program, the entity must be BOTH “federally assisted” and meet the definition of a “program.” There are three types of programs:
Program Type 1: SUD providers outside general medical facilities, such as a community-based SUD treatment program, opioid treatment program (OTP), or residential SUD treatment program.
Program Type 2: Identified SUD units within a general medical facility, such as a specialized treatment unit in a Federally Qualified Health Center (FQHC) or Community Health Center (CHC), or an in-patient SUD unit in a general hospital.
Program Type 3: Identified SUD personnel within a general medical facility, such as a DATA 2000-waivered physician in a general hospital who prescribes buprenorphine and whose primary function is providing SUD treatment.
Part 2 also applies to lawful holders, which includes anyone who receives SUD treatment records from a Part 2 program. Examples of lawful holders include primary care providers who receive SUD treatment information from Part 2 programs, insurance companies receiving claims for SUD treatment from Part 2 programs, and health information exchanges (HIEs) that receive and manage Part 2 records.