Health Privacy Consensus Principles (2017)

The Campaign to Protect Patient Privacy Rights, created by national, state, and local organizations, includes the Legal Action Center, the American Association of Opioid Treatment Providers, Community Catalyst, Facing Addiction,  Faces and Voices of Recovery, the Harm Reduction Coalition, the National Advocates for Pregnant Women, and over 100 other patient and provider advocacy groups, outlines five principles that illustrate the continued  importance of the Part 2 federal substance use confidentiality protections.

42 CFR Part 2 Is Not the Problem (2017)

This handout with Q&A explains why changing 42 CFR Part 2, the federal regulations protecting substance use disorder confidentiality, could cause a lot of harm without any real benefit. These confidentiality regulations have been in place since the 1970s to assure patients seeking addiction care won’t be more vulnerable to negative legal and civil consequences through exposure of information about their substance use. Loosening these protections would only discourage patients from seeking the care they need to get and stay well.

What is 42 CFR Part 2 and what does it do? (2017)

This factsheet outlines what the federal substance use disorder confidentiality law (also called 42 CFR Part 2, or “Part 2”) does and the importance of preserving this federal regulation to protect the civil rights and liberties of people with substance use disorders.

Confidentiality and Overdose: Q & A (2017)

This factsheet addresses questions about how confidentiality rules are applied in cases of emergency drug and alcohol overdose, including: when does HIPAA apply versus 42 CFR Part 2? And what are the rules around disclosure of substance use disorder information to family members/friends involved in the patients’ care in these cases?

42 CFR Part 2 vs. HIPAA – The Facts (2017)

This factsheet details the differences between 42 CFR Part 2 protections and HIPAA confidentiality protections.

Confidentiality and Communication: A Guide to the Federal Confidentiality Law and HIPAA

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. Currently being updated and soon will be available for purchase.

42 CFR Part 2: Federal Substance Use Disorder Confidentiality Regulations (2017)

The federal regulations governing the confidentiality of substance use disorder patient records.

What Substance Use Treatment Providers Should Know About Changes to Confidentiality Regulations (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.

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.

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.

SBIRT and Confidentiality Tool Series (2016)

This series of tools explains 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.  Tool #2 gives SBIRT providers an overview of the basic requirements of these rules.  Tool #3 illustrates how these rules apply to common scenarios involving SBIRT.

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 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).

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

NOTE: Portions of this document may be out-of-date due to revisions made to 42 C.F.R. Part 2 in 2017. 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.

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

NOTE: Portions of this document may be out-of-date due to revisions made to 42 C.F.R. Part 2 in 2017. 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.

Sample Forms

Here are several sample forms and materials for use by substance use disorder programs. These materials comply with both 42 C.F.R. Part 2, the federal substance use disorder confidentiality regulations, and HIPAA, the Health Insurance Portability and Accountability Act. More than 30 others are included in LAC’s book, Confidentiality and Communication: A Guide to the Federal Drug & Alcohol Confidentiality Law and HIPAA. The book is currently being updated to reflect changes made to the federal substance use disorder confidentiality regulations in 2017, and will be available for purchase soon.

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