An overview of recent changes to 42 CFR Part 2 from December 2024
Portable Document Format
In 2024, HHS amended 42 CFR Part 2 to improve alignment with HIPAA. One of these changes involves new protections for "substance use disorder (SUD) counseling notes." This resource explains these new protections in detail.
Slide deck from July 2024 presentation to NASADAD membership, during which the CoE-PHI outlined recent changes to Part 2, the federal law that protects the confidentiality of substance use disorder (SUD) treatment records, and applied learning to common scenarios through interactive case studies. Considerations for next steps for state and municipal agency leaders regarding implementation of recent changes to Part 2 were also highlighted and discussed.
During this webinar, we outlined recent changes to Part 2, the federal law that protects the confidentiality of substance use disorder (SUD) treatment records, and applied learning to common scenarios through interactive case studies. During the webinar, considerations for next steps regarding implementation of recent changes to the law were also discussed.
The federal confidentiality protections for substance use disorder (SUD) treatment records under 42 CFR Part 2 generally require a patient’s written consent to share information. Providers often have questions about how to fill out a consent form that authorizes disclosures to multiple parties in a way that complies with Part 2 and the HIPAA Privacy Rule.
During the COVID-19 public health emergency (PHE) the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) sought to increase patient access to telehealth services by waiving penalties for violations of certain requirements under HIPAA. OCR also provided flexibility for sharing patient identifying protected heath information (PHI) for public health purposes. With the end of PHE, these measures have expired.