42 CFR Part 2

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.

Many patients receive substance use disorder (SUD) treatment and related services at integrated healthcare facilities such as community mental health centers (CMHCs) or certified community behavioral health centers (CCBHCs). Some SUD providers at CMHCs or CCBHCs may be subject to the federal law and regulations for substance use disorder treatment records under 42 CFR Part 2. This resource describes key privacy considerations for patients’ SUD treatment records that originate from a Part 2 program or provider within a CMHC.

This module is designed to help professionals who provide or administer SUD-related services identify what constitutes an emergency, who may serve as a patient's emergency contact, and what a Part 2 program should do to obtain emergency contact information.

Archived recording of July 2023 national webinar facilitated by the CoE-PHI to update our audiences on the current state of the federal laws, regulations, and guidance related to the privacy of substance use disorder and mental health treatment information.

The federal health privacy laws and regulations for SUD and MH treatment have recently changed, and more changes are forthcoming. This resource provides information about the changes and links to resources where you can learn more.

CoE-PHI resource that describes the Information Blocking Rule and explains that it does not preempt stricter privacy laws and regulations such as 42 CFR Part 2.