David Shillcutt and Lisa Pierce Reisz, Members of the Firm in the Health Care & Life Sciences practice, co-authored an article in COSMOS Compliance Today, titled “Part 2, Part Deux: New Rules for SUD Information Sharing.”

Following is an excerpt:

For anyone who has tried to navigate the outdated and cumbersome regulations governing the use and disclosure of substance use disorder (SUD) treatment records, a major overhaul to these regulations may provide a clearer path to improve care coordination, eliminate barriers to access, and reduce the stigma that has historically accompanied SUD diagnosis and treatment. In a Final Rule published on February 16, 2024, the U.S. Department of Health and Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA) and the HHS Office for Civil Rights (OCR), implemented comprehensive revisions to the existing Confidentiality of Substance Use Disorder Patient Records regulations contained in 42 C.F.R. Part 2 (Part 2). The Part 2 Final Rule implements provisions of the 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and includes modifications proposed in the November 2022 Proposed Rulemaking. As required by changes to the underlying SUD confidentiality statute that the CARES Act made, the Final Rule aligns a variety of key aspects of Part 2 with corresponding HIPAA regulations, and attempts to reduce the administrative burden on both patients and providers by easing certain restrictions on the use and disclosure of protected SUD information. However, continuing differences between Part 2 protections and HIPAA requirements mean that regulated entities must continue to analyze compliance separately under each distinct regulatory framework. They will need separate, specialized strategies to ensure their use and disclosure of SUD treatment records comply with the updated Part 2 requirements.

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