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Proposed Rule Affecting Confidentiality of Substance Use Disorder Patient Records (42 CFR Part 2)

On August 26, 2019, the U.S. Department of Health and Human Services released a proposed rule to amend 42 CFR Part 2, the federal rule governing confidentiality of patient records related to substance use disorder (SUD. As proposed, the rule would make some modest changes to Part 2.

The Commission last commented on the effect of Part 2 rules on integration of care for people with substance use disorder in the June 2018 report to Congress. At that time, our recommendations focused on the need for the Substance Abuse and Mental Health Services Administration to clarify various aspects of the regulations and provide tailored education on compliance, rights, and responsibilities to different groups of stakeholders.

The slide presentation includes a summary of the provisions in the proposal, as well as potential issues on which the Commission may want to comment.