Note: On Jan. 18, 2017 the Substance Abuse and Mental Health Services Administration (SAMHSA) released a Final Rule amending the federal substance use disorder confidentiality regulations found at 42 CFR Part 2. SAMHSA also issued a Supplemental Notice of Proposed Rulemaking (SNPRM) proposing additional changes to the regulations. However, the new administration has frozen all pending regulations until at least March 20, 2017. Therefore, while the materials on this page reflect current law, they may soon be out-of-date. To receive updates, sign up here .

Confidentiality and Communication: A Guide to the Federal Confidentiality Law and HIPAA (2012 ed.)

Legal Action Center’s seminal book for alcohol and drug treatment providers and others who must comply with federal confidentiality laws. Puts decades of LAC attorneys’ experience in your hands. Available for purchase.

Top Nine Things You Should Know About 42 CFR Part 2 - Final Rule (2017)

LAC provides an overview of the January 18, 2017 Final Rule amending 42 CFR Part 2, the federal confidentiality regulations. This fact sheet describes major changes in the Final Rule, as well as provisions that remain the same.

42 C.F.R. Part 2: Federal Alcohol/Drug Confidentiality Regulations

The federal regulations governing the confidentiality of alcohol and drug treatment and prevention records.

Tool #1 – Do Federal Alcohol & Drug Confidentiality Rules Apply to Your SBIRT Services? (2016)

This tool is the first in a series about how the federal confidentiality regulations governing substance use disorder records relate to Screening, Brief Intervention and Referral to Treatment (SBIRT) services for youth.  Tool #1 can help SBIRT providers determine whether they must follow these rules.

Applying the Substance Abuse Confidentiality Regulations to Health Information Exchange (HIE) (2010)

A set of Frequently Asked Questions issued by SAMSHA in 2010 to clarify issues relating to the federal regulations governing the confidentiality of alcohol and drug information—known as 42 C.F.R. Part 2—and electronic health information exchange.

Applying the Substance Abuse Confidentiality Regulations 42 CFR Part 2 (REVISED) (2011)

Frequently Asked Questions issued by SAMSHA to clarify issues relating to the federal regulations governing the confidentiality of alcohol and drug information—known as 42 C.F.R. Part 2.

Confidentiality of Alcohol and Drug Records in the 21st Century (2010)

Policy paper explaining Legal Action Center’s vision for the confidentiality of substance use treatment records in the 21st century, including how health information technology and 42 C.F.R. Part 2 work together.

LAC Comments to SAMHSA on Proposed Changes to 42 C.F.R. Part 2 (2014)

LAC’s response to the Substance Abuse and Mental Health Administration’s (SAMHSA’s) Notice of Public Listening Session.  That May 12, 2014 session proposed changes to the federal regulations that protect the confidentiality of patients’ substance use disorder treatment records (42 C.F.R. Part 2).

LAC Comments to SAMHSA on Proposed Rule Amending 42 C.F.R. Part 2 (2016)

Comments submitted to the Substance Abuse and Mental Health Services Administration (SAMHSA) in response to its Proposed Rule aimed at modernizing the substance use disorder confidentiality regulations found at 42 C.F.R. Part 2.

LAC Comments to SAMHSA on Supplemental Notice of Proposed Rulemaking Amending 42 C.F.R. Part 2 (2017)

Comments submitted to the Substance Abuse and Mental Health Services Administration (SAMHSA) in response to its Jan. 18, 2017 Supplemental Notice of Proposed Rulemaking, which proposes changes to the substance use disorder confidentiality regulations found at 42 C.F.R. Part 2.

Template for Stakeholder Comments to SAMHSA on Supplemental Notice of Proposed Rulemaking Amending 42 C.F.R. Part 2 (2017)

Template for stakeholders to use to submit comments to the Substance Abuse and Mental Health Services Administration (SAMHSA) in response to its Jan. 18, 2017 Supplemental Notice of Proposed Rulemaking, which proposes changes to the substance use disorder confidentiality regulations found at 42 C.F.R. Part 2.

Understanding the Federal Drug & Alcohol Confidentiality Regulations (updated May 2014)

This DVD series, available for purchase through LAC’s online store, explains the federal law and regulations governing the confidentiality of alcohol and drug treatment and prevention records. The series was created before the implementation of HIPAA, but includes supplements created in May 2014. DVD purchase also includes a workbook.

Patient Privacy and Confidentiality in the Changing Health Care Environment: HIPAA, 42 C.F.R. Part 2, and Health Care Reform (February 2013)

This presentation provides an overview of federal laws governing the confidentiality of health records, including alcohol and drug treatment records, with a focus on how these laws apply to integrated care and electronic health records.

Alcohol and Drug Confidentiality Regulations and Health Information Technology (May 2012)

This webinar series provides an overview of federal alcohol & drug confidentiality law and explains how to apply that law to health information technology.

Patient Privacy & Confidentiality for SBIRT Providers (September 2013)

This presentation reviews the federal laws governing the confidentiality of health records, including alcohol and drug treatment records, with a focus on issues that arise for providers of SBIRT (Screening, Brief Intervention, and Referral to Treatment).

Sample Forms

Here are several sample forms and materials for use by drug and alcohol programs. These materials comply with both 42 C.F.R. Part 2, the federal drug and alcohol confidentiality regulations, and HIPAA, the Health Insurance Portability and Accountability Act. More than 30 others are included in our book, Confidentiality and Communication: A Guide to the Federal Drug & Alcohol Confidentiality Law and HIPAA.

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