Comment on Records Confidentiality Rule
Health & Human Services Secretary Sylvia M. Burwell recently proposed revisions to 42 CFR Part 2, the provisions of the Confidentiality of Alcohol and Drug Abuse Patient Records regulations that govern the confidentiality of substance use disorder records. SAMHSA welcomes public comments.
The statutory authority for the Part 2 rules (42 U.S.C. § 290dd-2) protects the confidentiality of the identity, diagnosis, prognosis, or treatment of any patient records that are maintained in connection with the performance of any federally assisted program or activity relating to substance abuse education, prevention, training, treatment, rehabilitation, or research. Under the authorizing statute and current regulations, a federally assisted program may only release patient identifying information related to substance use disorder treatment services with the individual’s explicit written consent, pursuant to a court order, or under a few other limited exceptions.
A Notice of Proposed Rulemaking (NPRM) was published in the Federal Register on February 9, 2016. The rules governing the confidentiality of substance use disorder records were last updated in 1987 to facilitate the exchange of information to improve care while addressing legitimate privacy concerns.
The goal of the proposed changes is to facilitate information exchange within new health care models while addressing the legitimate privacy concerns of patients seeking treatment for a substance use disorder. The proposed regulatory changes will ensure that patients with substance use disorders have the choice to participate in and benefit from new integrated health care models without fear of the risk of adverse consequences. Comments can be submitted online through April 11, 2016 at http://www.regulations.gov. Follow the “Submit a Comment” instructions and refer to file code SAMHSA-4162-20.
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