HHS Final Rule Modified SUD Confidentiality Regulations to Align with HIPAA

  • by AGD Washington Advocacy Representative
  • Feb 29, 2024
On February 8, 2024, the Substance Abuse and Mental Health Services Administration (SAMHSA) released a final rule entitled, Confidentiality of Substance Use Disorder (SUD) Patient Records. The rule finalized changes to the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at 42 CFR part 2 (“Part 2”) to better align with HIPAA Privacy, Breach Notification, and Enforcement Rules. Part 2 regulations promote patient confidentiality for individuals with substance use disorders (SUDs). The final rule is the result of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020, which required the Department of Health and Human Services (HHS) to better align aspects of Part 2 regulations with HIPAA. The final rule aims to promote better medical records sharing among providers while strengthening confidentiality and patient protections. Among other things, the rule allows patients to access an accounting of their record disclosures, strengthens bans on SUD record disclosures in civil, criminal, or legislative proceedings, and establishes new confidentiality breach notification requirements.
The final rule is available here

Impact on General Dentistry: The final rule improves medical record sharing capabilities for providers, including dentists. It also promotes patient protections and privacy for people with SUDs.