SAMHSA proposes significant changes to 42 CFR Part 2

In two separate proposals, the Substance Abuse and Mental Health Services Administration (SAMHSA) last month proposed radical changes to the confidentiality of substance use disorder (SUD) treatment records under 42 CFR Part 2. Both were in a Notice of Proposed Rulemaking (NPRM) and were published in the Federal Register Aug. 26.     

CARES Act eliminates most of 42 CFR Part 2

It's been more than 10 years of patients fighting for 42 CFR Part 2, but overnight the regulation lost to COVID‐19. The CARES Act revises 42 CFR Part 2 (confidentiality of substance use disorder [SUD] patient records), eliminating consent except for the first time only, after which the information is up for grabs.     

Onslaught against 42 CFR Part 2 continues in Congress

With the opposition of the American Medical Association (AMA) last fall, any moves in Congress and the federal government to weaken the patient consent provisions of 42 CFR Part 2, the regulation protecting the confidentiality of substance use disorder (SUD) treatment records, were stopped in their tracks — and in the nick of time (see ADAW, Oct. 1, 2018; Oct. 15, 2018). But the groups promoting the complete abandonment of 42 CFR Part 2, replacing it with the Health Insurance Portability and Accountability Act, which itself is targeted for at least partial destruction (see ADAW, Jan. 21, Jan. 28, Feb. 25), are back. There's a new push to try to overhaul 42 CFR Part 2.     

42 CFR Part 2 now up for SAMHSA rulemaking change

After complaining about 42 CFR Part 2, the regulation requiring patients to consent to release of their substance use disorder (SUD) treatment records, for years, but saying that Congress had to fix it, the Substance Abuse and Mental Health Services Administration (SAMHSA) is on the brink of changing the regulation.     

42 CFR Part 2 fight continues in wake of fragile victory

Less than a day after the committee reconciling the House and Senate versions of opioid legislation opted to omit H.R. 6082, which would have replaced the confidentiality regulation 42 CFR Part 2 with the Health Insurance Portability and Accountability Act (HIPAA) (see p. tk), proponents of that measure were working on alternative plans.