The federal health privacy laws and regulations for SUD and MH treatment have recently changed, and more changes are forthcoming. This resource provides information about the changes and links to resources where you can learn more.
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
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
Fact Sheet released by SAMHSA explaining what has, and has not changed regarding 42 CFR Part 2 following the July 2020 Final Rule.
Link to Code of Federal Regulations for FERPA, 34 CFR 99
Link to U.S.C Title 20 Family Educational and Privacy Rights law (FERPA).