Supporting Tribal Nations

The SAMHSA-funded Center of Excellence for Protected Health Information (CoE-PHI) develops and disseminates resources, training, and technical assistance for federal, state and municipal agencies, healthcare providers, school based professionals, tribal nations, and individuals and families to improve understanding and application of federal privacy laws and regulations, including FERPA, HIPAA, and 42 CFR Part 2, as they relate to providing and receiving treatment for substance use and mental health conditions.

We make complex privacy laws easily understandable through a combination of training and technical assistance services that includes national and regional virtual training, individualized TA, and increased access to resources.

How we can help:

Select resources, training opportunities, and technical assistance topic areas include:

• Sharing information within integrated care settings, and externally
• Determining when 42 CFR Part 2 applies within various substance use treatment setting types
• Supporting patients with keeping their treatment information private during telehealth visits
• Recommendations for how to approach implementation of the 2024 Part 2 Final Rule Requirements
• Understanding Part 2’s stricter confidentiality protections for SUD counseling notes

For more information:

• Visit our resource library
• View our on-demand learning resources
• Request individualized and one-on-one TA
• Join our mailing list

Resources you may be interested in:

Federal Privacy Protections for Patients Receiving SUD Treatment Services in Integrated Settings

This resource describes key privacy considerations for patients’ SUD treatment records that originate from a Part 2 program or provider within a CMHC.

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Notice to Accompany Disclosures of Information

This resource reviews important information that program administrators and providers should know when they share patient information protected by 42 CFR Part 2, the federal regulations governing the confidentiality of substance use disorder (SUD) treatment records.

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eLearning Module: Does Part 2 Apply to Me or My Practice?

This module is designed to help substance use disorder (SUD) service providers determine whether their patients’ records are protected by the federal confidentiality law and regulations for SUD treatment records, 42 USC § 290dd-2 and 42 CFR Part 2 (also known as “Part 2”).

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Video: Tips for Patients to Keep Their Telehealth Visits Private

Video resource developed by the CoE-PHI which describes three key strategies that clients can use to keep conversations with healthcare providers confidential during telehealth visits.

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Implementation Fact Sheet

This resource is intended to assist Part 2 programs in complying with the requirements of the Final Rule by describing in detail 3 key steps that programs can take to support implementation.

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Substance Use Disorder 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.

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