Substance Use Disorder Counseling Notes
What Behavioral Health Providers and Administrators Need to Know in 2024 About 42 CFR Part 2’s New Protections for SUD Counseling Notes
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.
This resource was authored by Jacqueline Seitz, JD.
Key Points
- Part 2 now provides stricter confidentiality protections for SUD counseling notes
- SUD counseling notes must be separated from the rest of the patient’s record in order to meet the definition
- A Part 2 program may not require a patient to sign a consent authorizing use or disclosure of SUD counseling notes as a condition of treatment
Type
Law
Author
- CoE-PHI
Date
August 2024
Related Resources
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.