Privacy Considerations for Medication Assisted Treatment in Jails and Prisons

This resource is meant to assist jails and prisons implementing programs providing medication for opioid use disorder (MOUD) in determining whether the privacy and security requirements of 42 CFR Part (Part 2) apply.  

Key Points

• If a jail or prison is federally assisted, and its MOUD providers meet the definition of a Part 2 program, then the jail or prison must follow Part 2’s privacy and security requirements for all patient records created and maintained by the Part 2 program.
• If the jail or prison’s MOUD providers do not meet the definition of a Part 2 program – for example, because MOUD is provided by a general medical facility and there is no identified SUD unit or identified SUD providers – then the jail or prison does not have a Part 2 program.
• A jail or prison that is not a Part 2 program may be subject to the requirements of Part 2 as a “lawful holder” if it receives records from a Part 2 program.