SAMHSA Finalizes Rule Supporting Payment and Healthcare Operations Activities While Protecting Substance Use Disorder Patient Privacy

The Substance Abuse and Mental Health Services Administration (SAMHSA), U.S. Department of Health and Human Services (HHS), has finalized changes to Confidentiality of Substance Use Disorder Patient Records regulations (42 CFR part 2). These changes, discussed in a January 2017 Supplemental Notice of Proposed Rulemaking, will facilitate sharing of substance use disorder patient information for payment and healthcare operations purposes with patient consent; support audit and evaluation activities; and permit use of an abbreviated notice of prohibition of redisclosure that may assist those using electronic health records. The new rule continues SAMHSA’s effort to align 42 CFR part 2 with other health privacy rules such as the Health Insurance Portability and Accountability Act (HIPAA).

The new rule will be published in the Federal Register and currently can be viewed at https://www.samhsa.gov/42CFRPart2Final. For further information on the rule, please refer to SAMHSA’s press release at https://www.samhsa.gov/newsroom/press-announcements/201801021100.