Kathryn Carey and Lynn Sessions of BakerHostetler write:
On Jan. 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued its final rule regarding the Confidentiality of Substance Use Disorder Patient Records Part 2. These changes become effective Feb. 2, 2018.
As background, the Confidentiality of Substance Use Discover Patient Records Part 2 protects patient records maintained in connection with any activity related to substance use disorder education, treatment, rehabilitation, research, prevention or training. 42 C.F.R. Part 2. It applies to all programs that receive federal assistance and are designated as “part 2” programs, as well as to “lawful holders,” which are individuals and entities who lawfully receive information protected by the Confidentiality of Substance Use Disorder Patient Records Part 2. In an effort to maintain privacy protections for individuals seeking treatment for substance abuse disorders while providing greater flexibility reflective of the advances and integration in healthcare, the final rule address two elements: (1) abbreviated disclosure notices, and (2) who can use disclosure patient information and when.