Skip to Main Content

February 16, 2024   
Health Law Weekly

Final Substance Use Disorder Confidentiality Rule Released

  • February 16, 2024
  • Gerald E. DeLoss , Illinois Association for Behavioral Health
People signing documents

On February 8, 2024, the U.S. Department of Health & Human Services (HHS) through the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office for Civil Rights (OCR) released a Final Rule modifying the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at 42 C.F.R. Part 2 (Part 2). The Final Rule incorporates amendments to Part 2 that were required due to the amendment of 42 U.S.C. § 290dd-2, the statute upon which Part 2 is based. The statute was amended under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020, which required HHS to align Part 2 more closely with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Rules and the Health Information Technology for Economic and Clinical Health (HITECH) Act.


You must be logged in to access this content.