Update by the CoE-PHI on the Federal Health Privacy Laws for substance use disorder (SUD) and mental health (MH) treatment as of August 2022.
Laws and regulations
Three major federal laws and their regulations protect the privacy of mental health and substance use disorder treatment records: HIPAA, 42 CFR Part 2, and FERPA. Find all three laws and regulations compiled here in one convenient location. Other federal and state laws may also apply.
Laws and regulations resources
Resource with information about the current state of federal privacy laws (as of Sept 2021) and links to further information.
Archived webinar by the CoE-PHI describing the recent changes to Part 2 and new guidance from SAMHSA.
Link to federal register with 42 C.F.R. Part 2 regulation
A link to SAMHSA's March 2020 announcement about sharing information during the COVID-19 public health emergency.
Fact Sheet released by SAMHSA explaining what has, and has not changed regarding 42 CFR Part 2 following the July 2020 Final Rule.