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.
Sharing and protecting records
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.
Sharing and protecting records resources
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.
During this webinar, we 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. During the webinar, considerations for next steps regarding implementation of recent changes to the law were also discussed.
This module is designed to help professionals who provide or administer substance use disorder related services identify what constitutes a medical emergency, and describes who may receive records pursuant to the medical emergency exception under Part 2.
Archived recording of May 2023 webinar facilitated by the CoE-PHI to explain how the federal health privacy regulations apply to medications for opioid use disorder (MOUD) in correctional entities, especially jails, prisons, and detention centers. This webinar includes common scenarios in which patient information may or may not be shareable, and assists learners in determining the proper course of action for each scenario.
The federal confidentiality protections for substance use disorder (SUD) treatment records under 42 CFR Part 2 generally require a patient’s written consent to share information. Providers often have questions about how to fill out a consent form that authorizes disclosures to multiple parties in a way that complies with Part 2 and the HIPAA Privacy Rule.