Changes to 42 CFR Part 2 Take Effect Today, March 21st

The Substance Abuse and Mental Health Services Administration (“SAMHSA”)’s Final Rule on the Confidentiality of Substance Use Disorder Patient Records (“42 CFR Part 2” or “Part 2”) is scheduled to go into effect today, March 21, 2017. The Final Rule (which makes changes to 42 CFR Part 2), and a Supplemental Notice of Proposed Rulemaking (“SNPRM”) (which proposes additional changes to 42 CFR Part 2) were published on January 18, 2017 and were included in the Trump administration’s 90-day freeze issued on January 20, 2017 for all new and pending regulations.

The Legal Action Center (“LAC”) has released a brief overview of the Final Rule which describes key changes in the regulations. This overview is a starting point for stakeholders who must come into compliance with the new regulations, but is not a complete analysis of the rule or guidance on implementation of the new requirements. The Legal Action Center is in the process of rewriting its landmark book, Confidentiality and Communication: A Guide to Federal Drug and Alcohol Confidentiality Law and HIPAA, to reflect the substantive changes in the new Final Rule, and may conduct training on the Final Rule as well. Please click here to be added to the mailing list for more information about these upcoming resources.

Substance use disorder programs in states that have signed up for the Legal Action Center’s telephone consultation service “Actionline” can call us with questions on confidentiality. If you are unsure whether your state has subscribed for this service, please feel free to call the office of the Single State Agency for your state, or the Legal Action Center at 212-243-1313 to inquire.

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