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February 13, 2023   

Part 2 Proposed Rules to Partially Align with HIPAA

This Bulletin is brought to you by AHLA’s Behavioral Health Practice Group.
  • February 13, 2023
  • Jéna Grady , Nixon Peabody LLP

On December 2, 2022, the U.S. Department of Health & Human Services (HHS), through the Office for Civil Rights (OCR) in coordination with the Substance Abuse and Mental Health Services Administration (SAMHSA), published a Notice of Proposed Rulemaking (NPRM) to revise the Confidentiality of Substance Use Disorder Patient Records regulations under 42 C.F.R. Part 2 (commonly referred to as “Part 2”). The proposed effective date of a final rule would be 60 days after publication, and the compliance date would be 22 months after the effective date. Entities subject to the final rule would have until the compliance date to establish and implement policies and practices to achieve compliance under the revised Part 2.

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