The 42 CFR Part 2 Final Rule- What State Agency Leaders Need to Know to Support Implementation

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.

This presentation was facilitated by Jacqueline Seitz, JD

Key Points

• Initial patient consent still required for use and disclosure of Part 2-protected records
• One-time “TPO consent” for using and sharing records for treatment, payment, and healthcare operations
  • TPO consent creates looser redisclosure permissions for covered entities and business assoiciates
• Disclosures with consent must be accompanied by updated notice prohibiting redisclosure and a copy of the consent form or a summary of its scope
• Providers have until Feb. 16, 2026 to implement changes