SAMHSA Submits Proposed Changes to 42 C.F.R. Part 2
Alcoholism, substance abuse and chemical dependency treatment providers should be aware that the Substance Abuse and Mental Health Services Administration (“SAMHSA) has promulgated proposed changes to regulations regarding the privacy and confidentiality of what are now called “substance use disorder” treatment records. Those privacy regulations, which are located at 42 C.F.R. Part 2, are well known as particularly stringent, and set forth particular requirements for disclosure, even when the patient consents to the release of the records.
SAMHSA notes that the proposed rule changes, which are scheduled to be published in the Federal Register on February 9, are needed to address concerns that the current regulations hamper the ability of patients with substance use disorders from participating in integrated health models where protected health information is readily shared with different providers in a network.
We will have detailed commentary on the proposed changes later in the week. Stay tuned.
For more information about 42 CFR Part 2, please contact David Ross
David R. Ross is a Shareholder of the firm. Prior to joining the firm, and under former Governors Pataki and Spitzer, Mr. Ross served as the Acting Medicaid Inspector General for New York State. Prior to his service at the OMIG, Mr. Ross held several positions at the New York State Office of Alcoholism and Substance Abuse Services (OASAS), including Acting General Counsel, Deputy Counsel, and Associate Counsel.
More Articles You May Enjoy
Public Health Law Section 18-c: New Consent Rules and Industry Confusion
In a move toward enhancing patient rights, the New York State Department of Health (DOH) […]
Read PostThe End of Chevron Deference and Its Impact on the Health Care Industry
On June 28th, 2024, the United States Supreme Court released its decision ending the doctrine […]
Read PostThe Federal Pregnant Workers Fairness Act’s Accommodation Demands on Employers: What You Should Know
On June 27, 2023, the United States Congress passed the Pregnant Workers Fairness Act (PWFA) […]
Read Post