To improve treatment outcomes and promote continuity of care, it may be essential for staff at different programs to share client information about treatment for mental health and substance use disorders. The resources in this section are meant to explain when programs and providers can receive and re-disclose substance use disorder treatment information and mental health information.
Sample letter which can serve as an example to help substance use disorder treatment programs comply with 42 CFR Part 2 requirements while responding to
requests from third-party payers, contractors, and other private entities.
Privacy protections ensure that patients receiving SUD treatment are not made more vulnerable to negative outcomes than had they not sought treatment. These protections are particularly important in jails and prisons. This resource is meant to assist with determining whether Part 2 applies to the provision of medication for opioid use disorder (MOUD) in jails and prisons.
Substance use disorder (SUD) treatment providers frequently receive court orders and other requests for patient information covered by the federal confidentiality protections for SUD treatment (42 CFR Part 2). A general court order, subpoena, warrant, or official request for records, however, does not permit the disclosure of Part 2 records. Federal law generally prohibits the use of treatment records to a criminally investigate or prosecute a patient absent a special court order finding that the alleged crime is “extremely serious,” among other factors. These requirements are essential so that people feel safe seeking SUD treatment.
First responders often gain access to sensitive information about people’s substance use disorders (SUD) and treatment. Protecting the privacy of this information is key to these individuals’ recovery. It also is required by law. This resource explains the limited circumstances under which two federal privacy laws apply to SUD information obtained by first responders. It also describes how these laws permit first responders to share protected information.
This module focuses on privacy protections under 42 CFR Part 2 (Part 2) and how to share protected health information (PHI) in compliance with Part 2. It is designed to help professionals who provide or administer Substance Use Disorder (SUD) services understand how PHI can be shared within one’s own organization, and when communicating with clients and individuals outside their organizations.